V.S.SIRADHANA,J. - (1.) HEARD the learned counsel for the petitioner.
(2.) WHEN the matter was listed before the learned single judge on 26 April 2013, the counsel for the petitioner referring to the prayer in the writ petition submitted that since the petitioner is seeking a declaration of Regulation 4.1 of the Graduate Medical Education Regulations, 1997 as Ultra vires to the mandate of Article 14 of the Constitution of India, the matter needs to be placed before the Division Bench and accordingly an order was made directing the registry to place the matter before the Division Bench. The prayer clause in the writ petition reads thus:- "It is, therefore, most humbly prayed that this Hon 'ble Court may kindly be pleased to accept and allow this writ petition and be further pleased to call for the entire record relating to the case of the petitioner and after perusing the same passed such appropriate writ, order or direction:- (i) To declare ultra-vires the regulation No.4.1 so far as prescribing the minimum age limit of 17 years for getting admission in M.B.B.S.; (ii) To declare unconstitutional the Condition No.II of advertisement dated 01.12.2012 in the head of Eligibility Criteria; (iii) To direct the respondents to allow the petitioner to appear in the examination of the Pre-Medical Test being held by the respondents on 05.05.2013; (iv) To pass any other appropriate writ, order or direction which this Hon 'ble Court deems just and proper in the facts and circumstances of the present case in favour of the petitioner. " This writ petition has been preferred by the petitioner, Akshanjali Morya, stating that her date of birth is 12th of February, 1997 and she passed her Secondary examination, scoring 9.2 Grade points in the month of June, 2011. Thereafter she appeared for the examination in the session 2011-2012 for class XI and secured 891 marks out of 1000, as is evident from the statement of marks issued by the school in the result sheet dated 28 March 2012.
(3.) IT has been further stated that the petitioner submitted her online application for admission to M.B.B.S course, for the academic session 2013-2014, to the third respondent i.e the Joint Secretary, Central Board of Secondary Education (CBSE), New Delhi. The online application of the petitioner was declined in view of condition number (ii) of the advertisement dated 1st of December 2012, which stipulated a condition, under the Eligibility Criteria, to the effect that the candidate applying for pre-medical test must have completed the age of 17 years on or before 31st of December of examination year. In the instant case at hand the examination year is 2013 and the examination is scheduled to be held on 5th of May 2013 and the petitioner would complete 17 years of age on 2nd of February, 2014.;