IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND SEVEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14463 of 2009 Between: Anugu Aparna Rao, D/o. Anugu Anand Rao, Minor, Rep. by Her Natural Guardian, Fatehr Anugu Anand Rao, S/o. Venkat Rao, Aged 49 years, Occ: Employee, R/o. H.No. 8-2-401, Katta Rampur, Karimnagar. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary to the Higher Education Department, Secretariat Buildings, Hyderabad. 2 The Dr. N.T.R. University of Health Sciences, Vijayawada-8, AP Rep. by the Chairman of Committee of Admissions. 3 The Dr. N.T.R. University of Health Sciences, Vijayawada-8, AP Rep. by its Registrar. 4 The Convenor EAMCET Jawaharlal Nehru Technology University, SIT Building, Cellar Portion, Kukatpally, Hyderabad-85. 5 The Commissioner, Technical Education of Andhra Pradesh, cum Convenor for Admissions of the EAMCET, Hyderabad. 6 The Andhra Pradesh State Council for Higher Education, Rep. by its Chairman, Ist Floor, Jawaharlal Nehru Technological University, Masab Tank, Opp: Mahaveer Hospital, Hyderabad. 7 Medical Council of India, Rep. by its Secretary, New Delhi. 8 Chalimeda Anand Rao Institute of Medical Sciences, Bommakal, Karimnagar, Rep. by its Correspondent & Principal .....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 order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate Writ or order declaring the action of the respondents in not considering the request of the Kumari Anugu Aparna Rao, D/o. Anugu Anand Rao Aged 16 years 3 months as on 31-12-2009, R/o. H.No. 8-2-401, Katta Rampur, Karimnagar, EAMCET Rank No. 18587, for giving admissin in MBBS Course in respondent No.8 Medical College under Management quota by giving age releaxation to her, as arbitrary, illegal, null and void and violative of principles of naturaljustice and also violative of the Articles 14,19 and 21 of the Constitution of India. Consequently direct the respondents to give the admission to Kumari. Anugu. Aparna Rao D/o. Anugu Anand Rao, Aged 16 and 3 months as 31-12-2009, R/o. H.No. 8-2-401, Katta Rampur, Karimnagar, EAMCET Rank. 18587 in respondent No.8 Medical College by giving age relexation Counsel for the Petitioner: MR.K.VENUMADHAV Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 14463 of 2009 O R D E R : The petitioner seeks a declaration that the action of the respondents in not considering her candidature for admission in MBBS Course on the ground that she has not completed 17 years as on 31.12.2009 is 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: 20-07-2009 Note: Issue C.C. in 2 days. B/o KLP