IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15019 of 2009 Between: Syed Mohammad Zeeshan Arif, S/O. Syed Zainul Abedin Arif, R/o. 16-4-128/3, Chanchalguda, Hyderabad.Being Minor Rep. by his father and natural guardianSyed Zainul Abedin Arif S/o. Syed Manzoor Ahmad, Aged about 44 Years, Occ: Agrl. R/o. 16- 4-128/3, Chanchalguda, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Medical & Education, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2 The Principal Secretary, Higher Education, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 3 The Registrar, NTR University of Health Sciences, Vijayawada Krishna District. 4 The Convenor, EAMCET 2009 Masab Tank, Hyderabad. 5 The Secretary, Medical Council of India, New Delhi. .....RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Registrar, NTR University of Health Sciences, Vijayawada, the 3rd respondent herein in not admitting the petitioner in first year MBBS Course 2009 on the ground he is not completed 17 years of age as per the notification dated 10-7-2008 as illegal, arbitrary and violative of principles o fnatural justice and consequently direct the 3rd respondent authorities to admit the petitioner into first year MBBS course 2009-2010 Counsel for the Petitioner:MR.SYEDMOOSA KAZEEM Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15019 of 2009 ORDER: In this writ petition the petitioner seeks a declaration that the action of the third respondent-University in not granting admission to the petitioner in 1st year MBBS Course-2009 on the ground that he has not completed 17 years of age as per the notification dated 10.07.2009 as arbitrary and illegal. At the outset, it is to be noted that as per 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 make a request for relaxation and if any such request is made, the same may be considered by the respondents in accordance with law and appropriate orders be passed within a period of two weeks from the date of receipt of such application. No costs. ___________ G.ROHINI, J Date: 27.07.2009 Rns ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{SPJS}