The two-judge bench of Amreshwar Pratap Sahi and Sanjay Harkauli in Allahabad High Court heard the affidavit from MCI (Medical Council of India) and the Centre today and reserved its judgment till Monday. The Allahabad High Court on February 15, had ordered MCI, CBSE and the Centre to clarify about the imposed upper age limit of 25 years in NEET (National Eligibility cum Entrance Test) application.
The court had earlier ordered the bodies to submit the affidavit before February 20, but they came up with the responses today on February 22.
The affidavit presented by the bodies defended imposing an upper age limit of 25 years for NEET application stating it as an Executive Council decision. Hearing both the parties, the two-judge bench reserved their judgment today at the Lucknow Bench of the Allahabad High Court.
“The court said that the action of the MCI and Centre is not according to the rules and that the regulations have to amended before fixing any age limit. But keeping in mind that the matter is listed tomorrow in the Supreme Court, the court adjourned the matter till Monday,” said Rajat Rajan Singh, one of the advocates of the petitioner.
The Supreme Court will hear the matter tomorrow as it had notified MCI and centre on February 17 to come up with their defence. “Since the matter is already up with the Supreme Court, the Allahabad High Court needs to maintain the judicial hierarchy as it is not proper for the High Court to go ahead with the judgment before Supreme Court does. If the Supreme Court decides to scrap the age limit regulation, there will be no need for the high court to pass an order,” said Singh.
However, when asked about what would be the scenario if the SC couldn’t pass its judgment tomorrow or the matter is not listed in a couple of days time, Singh replied stating, “ I think the Allahabad High Court would pass its order on Monday if such a case arises.”
Click here to read what the court had to say.