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| HC dismisses petition challenging age bar for admission in professional courses | | | Jammu, June 5: In a petition filed by Nazma Kouser who is 18 days short of attaining the minimum prescribed age (17 years) on the material date for applying professional Courses, Justice Bansi Lal Bhat of J&K High Court Jammu Wing after hearing Advocate Mohd.Shaqir Hussain dismissed the petition with the observation that the State can impose reasonable restrictions to regulate the "Right to Education" in professional courses which are essentially job oriented. Admittedly, petitioner does not seek to pursue the aforesaid courses for qualification improvement. The courses, in respect whereof CET 2014 is being conducted, are professional courses and candidates' aspiration to compete for such courses cannot be said to be merely aimed at gaining knowledge or achieving academic excellence. The professional courses in question are job-oriented courses aimed at churning out professionals to join the medical and technical work force in governmental, corporate and private sectors where the rules governing the recruitment of human resources for employment prescribe the age of recruitment. Therefore, prescribing minimum age for admission to such professional courses cannot be held to be arbitrary, unreasonable and ultravires the Constitution.
In the petition, Petitioner, claiming to be eligible in all respects, applied for admission to various professional courses (MBBS/BDS/BAMS/ BUMS/ Physiotherapy/ Diploma/ Dental Hygiene/B.E. Etc). However, her application form came to be rejected due to age bar. Being aggrieved, she has approached this court for seeking redressal of her grievance. The minimum age criteria for applying in the said JKCET(Common Entrance Test) is 17 years. Admittedly, petitioner is 18 days short of attaining the minimum prescribed age on the material date. Regulation Graduate Medical Education 1997, 4(1), lays down eligibility criteria for admission to the medical courses. It provides that no candidate shall be allowed to be admitted to the medical curriculum of first MBBS course until he/she has completed the age of 17 years on or before 31st of December of the year of admission to the MBBS course.
The information brochure of JKCET 2014 issued by J&K BOPEE incorporates the aforesaid provision in 4(7) that the candidate must be at least 17 years old on or before 31st of December, 2014for being eligible to appear in JKCET 2014 for admission to MBBS and allied Medical courses. On her own showing petitioner will be short of 18 days in attaining age of 17 years on 31st of December 2014. Thus, she would be ineligible to compete for JKCET 2014 Medical Entrance Test. (JNF) |
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