Alli Sai Deepak v. Dr. NTR University of Health Sciences, Andhra Pradesh, Vijayawada
Case at a glance
- Bench
- G ROHINI
Provisions considered
- Constitution of India art. 226
- Indian Medical Council Act, 1956 s. 33
Judgment
Cause title
Between: Alli Sai Deepak, S/o. Alli Mohan, R/o. C-31/10, Lab Quarters, DRDO Township, Kanchan Bagh, Hyderabad - 500 058 Rep by his father and natural guardian Sri Alli Mohan, S/o. Veeraiah, Hindu, aged 47 years ..... PETITIONER
AND Dr. NTR University of Health Sciences, Andhra Pradesh, Vijayawada - 8, Rep by its Registrar. .....RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly a writ of mandamus declaring the action of the respondent in refusing to consider the case of the petitioner from admission into 1st year M.B.B.S. on the ground that he is not having 17 years of age as arbitrary and illegal and consequently direct the respondent to give the admission to the petitioner in 1st year M.B.B.S. basing on the correct date of birth certificate issued by the Warangal Municipality and without reference to the age recorded in S.S.C. Certificate. Counsel for the Petitioner: MR.T.P.ACHARYA Counsel for the Respondent No.: MR.D.V.NAGARJUNA BABU The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 14725 of 2009
O R D E R :
Heard the learned counsel for the petitioner. At the outset, it is to be noted that as per Regulation 4(1) of the Medical Council of India Regulations on Graduate Medical Education 1997, a candidate must have completed 17 years on or before first day of July of the year commencing the prescribed academic session of the said course. The said Regulations made by the Medical Council of India in exercise of the power conferred by Section 33 of the Indian Medical Council Act, 1956 with the previous sanction of the Central Government being statutory, no mandamus can be issued compelling the respondents to act contrary to the same. Hence, the writ petition is dismissed. However, this shall not preclude the petitioner to take steps for rectification of the entries in the school records or to seek relaxation of age restriction from the competent authority. No costs. Date: 22-07-2009 KLP ______________ G. ROHINI, J
Precedent status how later indexed judgments have treated this case
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