AIPMT upper age limit challenged; HC seeks Centre, MCI replies

The Delhi High Court has sought responses of the Centre, Medical Council of India (MCI) and CBSE on a plea against the upper age limit of 25 years for appearing in the All India Pre-Medical Entrance Test (AIPMT).
A bench of Justice Manmohan sought the replies before the next date of hearing on September 15.
The court, however, refused to pass any interim order as the upper age limit was introduced eight years ago.
"Issue notice... Granted six weeks to file counter affidavits. Rejoinder, if any, be filed within two weeks thereafter. List on September 15, 2014. Since upper age limit had been introduced nearly eight years ago, this court is not inclined to pass any interim order," the judge said.

The order came on the plea of MBBS aspirant Tatsat Mishra, who has moved the court apprehending he will not be allowed to participate in the counselling process, to be held from July 1 in three rounds, if he qualifies as he would exceed the upper age limit by 16 days on December 31.
According to the current eligibility criteria, a candidate has to be maximum 25 years old on December 31 of the year the examination is held.

Mishra, represented by advocate Ajit Sharma, challenged the upper age limit on the ground that it has not been prescribed by MCI and CBSE cannot fix the same as its role is confined to "conducting the examination and not to lay down eligibility conditions".

"As no upper age limit has been prescribed in either the Indian Medical Council Act, 1956 or in any regulation, the examination conducting body, like CBSE cannot by way of an information brochure prescribe an upper age limit," Sharma said in court.
CBSE, on its part, told the court that the upper age limit was introduced on June 27, 2006 after taking approval from the Medical Council of India.
The age limit has also been challenged on the ground that such a condition violates the fundamental right of a person to pursue a profession of their choice.