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Demand for MBBS Reservation: The High Court has dismissed a petition seeking reservation for the elderly in MBBS and other medical courses. While addressing the petition filed by 71-year-old NEET aspirant Ashok Bahar, the Allahabad High Court remarked that the matter of reservation is to be considered by the competent legislature or the concerned government, not by the court.
Case regarding reservation in NEET UG: Should the elderly be granted reservation in MBBS and other medical courses? This issue was the subject of a petition heard by the Allahabad High Court. The court has dismissed the petition filed by 71-year-old NEET aspirant Ashok Bahar. During the hearing, the court stated that the issue of reservation falls under the purview of the competent legislature or the relevant government, not the court.
Demand for 1% reservation for the elderly in MBBS
Ashok Bahar, a 71-year-old resident of Chandernagar in the Alambagh area of Uttar Pradesh, had approached the court seeking a one percent reservation for the elderly in MBBS and other medical courses.
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He had filed a petition in the High Court requesting a directive to the relevant authorities to formulate a policy regarding the provision of a 1% reservation or a special quota for senior citizens in medical entrance examinations. He had urged that consideration be given to providing a special opportunity for eligible senior citizens to gain admission to MBBS and other medical courses through NEET.
Court Rejects Plea for Reservation in NEET
The Allahabad High Court has dismissed a petition filed by 71-year-old Ashok Bahar seeking reservation in NEET. According to a report by *LiveLaw*, the matter was heard by a bench comprising Justice Rajan Roy and Justice Manjive Shukla. The bench stated that there is currently no legal provision under which such reservation could be granted to senior citizens. The court observed that policy decisions regarding reservations fall within the domain of the competent legislature or the concerned government, not the judiciary.
The court remarked that the demand for reservation for eligible senior citizens seeking admission to MBBS and other medical courses is not based on any right that can be legally enforced.
What Did the NTA Say?
During the proceedings, the counsel for the National Testing Agency (NTA) argued that the agency’s role is limited to conducting the examination. It operates in accordance with existing laws and policies governing admissions to MBBS courses. The NTA informed the court that there is no current provision for the reservation being sought for senior citizens; this matter falls under the jurisdiction of the relevant legislature or government.
Reference to Supreme Court Ruling by Ashok Bahar’s Counsel
During the hearing, advocate Pankaj Dheer Singh Rana, representing NEET aspirant Ashok Bahar, cited a Supreme Court judgment. He noted that a few years ago, the Supreme Court abolished the upper age limit for appearing in the NEET-UG examination, which implies that senior citizens are also eligible to pursue medical studies. It was further submitted on behalf of the petitioner that while persons with disabilities, freedom fighters, ex-servicemen, and sportspersons receive reservations or special benefits under various schemes, no such provision exists for senior citizens.
The petition characterised the central government’s existing policy as arbitrary and irrational, alleging that it fails to align with the principles of fairness and transparency in administration. However, the High Court declined to issue a directive for the implementation of reservations for senior citizens based on these arguments.