The Lucknow bench of the Allahabad high court has declined to direct the authorities to consider a proposal for 1% reservation for eligible senior citizens in MBBS and other medical course admissions through NEET, holding that such policy decisions fall within the domain of the executive or legislature.
A division bench of Justice Rajan Roy and Justice Manjive Shukla passed the judgment on October 15.
In Ashok Bahar vs Union of India and Others, appellant Ashok Bahar challenged an August 24, 2026, order by which a single judge had dismissed his writ petition seeking consideration of his representation for a special quota for senior citizens in medical admissions.
The appellant argued that he had only sought consideration of his representation and had not asked the court to frame a specific policy.
The court noted that the National Testing Agency functions as an examining body under the existing laws and policies governing medical admissions.
The bench observed that a writ of mandamus, which directs a public authority to discharge a legally enforceable duty, can be issued only when an existing right or mandatory obligation has not been fulfilled. The representation seeking a senior citizens’ quota was not based on such an enforceable right, it said.
The bench also observed that the question of prescribing an age limit for admission to MBBS and other medical courses fell within the domain of the executive or legislature.
{{/usCountry}}The bench also observed that the question of prescribing an age limit for admission to MBBS and other medical courses fell within the domain of the executive or legislature.
{{/usCountry}}Finding no error in the single judge’s order, the division bench declined to issue the requested direction. It clarified that the appellant could pursue the matter before the executive or legislature and disposed of the special appeal.