Upper age limit of 25 years for admission in veterinary course has been excised: Centre tells Delhi HC
Sep 05, 2022
New Delhi [India], September 5 : The Union of India has informed Delhi High Court that the provision for the upper age limit of 25 years for admission to the Bachelor of Veterinary Science and Animal husbandry Degree course has been excised.
Advocate Nirvikar Verma, who appeared on behalf of the respondents/Union of India, says that he has instructions to convey to the Court, that the provision for the upper age limit of 25 years for admission to the Bachelor of Veterinary Science and Animal
The husbandry Degree course has been excised from Regulation 6(a) of the Veterinary Council of India Minimum Standards of Veterinary Education- (Bachelor of Veterinary Science and Animal Husbandry - Degree Course) Regulations 2016.
The bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju said the statement of Advocate Verma is taken on record. In view of the statement made by Advocate Verma, which has been taken on record, Advocate Vivek Gurnani, who appears on behalf of the petitioner, says that the writ petition can be disposed of, based on the said statement. It is ordered accordingly.
The bench was hearing a Plea challenging an upper-age limit of 25 years, as a criterion for admission to the Bachelor of Veterinary Science and Animal Husbandry degree course.
Earlier the Court had issued notice to respondents on a plea after hearing the submission made by Advocate Zoheb Hossain and Advocate Vivek Gurnani represented the Petitioner.
The plea stated that the regulation is violative of the fundamental rights guaranteed under Articles 14, 19(l)(g) and 21 of the Constitution. Apart from creating two artificial classes of students with no reasonable nexus with the objective of maintaining minimum standards of veterinary education and thereby violating Article 14.
The plea also stated that the said regulation has the effect of taking away the right to practice a profession of one's choice or to carry on any occupation or trade or business guaranteed under Article 19(l)(g) of the Constitution by preventing students above a particular age from pursuing training in the veterinary profession. The restriction imposed on the said right does not qualify to be a reasonable restriction under Article 19(6) of the Constitution.
According to the Petitioner, Gajanand Mishra, an aspirant has taken the National Eligibility cum Entrance Test, 2020 by virtue of the Supreme Court's orders passed in the Petitions challenging the upper age limit set by the Medical Council of India for taking the said NEET examination.
The Supreme Court has allowed the candidates above the age of 25 to take the entrance examination (NEET) and the Respondent herein has notified that the admissions to the B.V.Sc & A.H. Degree Course shall be on the basis of merit obtained in the said NEET examination.
Moreover, the petition also stated that by stipulating an upper age limit for admissions in the said degree course, the Respondent is creating an invidious classification by dividing one class of students into two artificial and irrational classes, depriving the students over the age of twenty-five and thirty years belonging to general category and SC/ST/OBC categories respectively, the right to avail of medical education as guaranteed to them by the Constitution of India. Fixing the maximum age limit is neither in furtherance of the objective behind formulating the 2016 Regulations nor does it fit into the scheme of the Regulations which have been primarily framed to maintain standards of veterinary education, the plea said.
