HC Asks MCI, DCI, Nursing council to revise minimum age criteria for MBBS,BDS,BSc Nursing Admissions

Chennai: The Madras High Court, in its recent observation, has asked the Medical Council of India (MCI), Dental Council of India (DCI) and the Nursing Council of India to contemplate over the minimum age criteria for admission to UG medical courses.

The HC bench observed the need of reconsideration on the minimum age criteria as many bright students are cracking down the tests irrespective of their age.

"Those students cannot be forced to have a break and be deprived of their right of continuous Education because of the minimum age prescribed. It is time for the authorities to take a call on this issue at the earliest," the bench stated.

The observation came in view of a petition filed by a 16-year-old aspirant who intended to take admission into BSc Nursing Course for the academic year 2019-2020, but was denied the seat for the reason that the candidate does not satisfy the minimum age requirement prescribed by Tamil Nadu Dr MGR Medical University.

The student has 353 marks out of 600 marks in the plus 2 examinations this year. The minimum education prescribed for BSc Nursing is pass in 10 +2 examination with Physics, Chemistry, Biology and English as core subjects with an aggregate of 45%. Having secured 58.83% in the qualifying examination, she is fully eligible to join BSc Nursing. However, her candidature is not considered for admission because the varsity has prescribed the minimum age for admission shall be 17 years on 31st December of the year, in which admission is sought.

Via the petition, the counsel appearing on behalf of the nursing aspirant contended that policy of fixing 17 years as the minimum age for admission into BSc Nursing is irrational and illegal.

It was submitted that there is no nexus between the object and the classification making students who have not reached the age of 17 years ineligible. The Nursing Council does not prescribe a minimum age for admission into BSc Nursing Course. By instruction, the University cannot fix additional eligibility criteria detrimental to the interest of meritorious students who are able to clear the qualification exams at a younger age. By prescribing the minimum age limit for admission, the student, despite having the required educational qualification not permitted to join her preferred educational course.

In response, the varsity submitted that the eligibility criterion has been framed as per the guidelines of the Nursing Council of India.

They pointed out that this age limit is uniformly followed for courses like MBBS, BDS and Engineering throughout the country. "Admittedly the petitioner's daughter has not fulfilled the eligibility minimum age requirement. Rounding of 16 years 5 month as 17 years is not permissible," the varsity contended highlighting, "The Indian Nursing Council has prescribed minimum age of 17 years for admission into B.Sc., Nursing course. The said provision is not challenged. The petitioner cannot seek relief in violation of the regulation."

The varsity further put reference to an earlier HC case where the bench had held, "Whatever the case may be with regard to the examination written by him, the fact remains that as on the date of admission into the first year degree course, admittedly, she has not completed the age of 17 years as required under the Regulations. Therefore, such admission is certainly an irregular admission, even though it was not due to any misrepresentation or fraud played upon by the petitioner's daughter. Irregular admission, made in violation of Rules, cannot be sustained".

Later, the MGR Medical University pointed out to the Supreme Court decree where it was stated that admissions cannot be ordered without regard to the eligibility of the candidates.

Following the above-mentioned dicta, the Madras High Court, in this present case held that the plea of the student to relax the minimum age cannot be entertained.

Adding to its verdict, the HC bench of Justice G Jayachandran stressed upon the need of reconsideration on the minimum age criteria for admission to UG medical courses and stated;

…the minimum age criteria fixed decades ago requires reconsideration in view of vast change in Education pattern and methodology after introduction of New Education Policy (NEP) and the Right to Education Act. Possibility of bright and brilliant children completing the qualifying examinations few months or days earlier has become more and in future it will be still more. Those students cannot forced to have a break and be deprived of their right of continuous Education because of minimum age prescribed. It is time for the authorities to take a call on this issue at the earliest. With the above observation and request for a timely consideration of the departments concern….