B. SUDERSHAN REDDY, J.

( 1 ) BOTH these writ petitions may be disposed of by a common order, since common questions are involved.

( 2 ) THE petitioners in both the writ petitions pray for issuance of a Writ of mandamus declaring Regulation 4 (1) of the regulations on Graduate Medical education, 1997 framed by the 4th respondent-Medical Council of India fixing the minimum age limit of 17 years on or before the 31st December of the year of admission to the medical curriculum of first bachelor of Medicine and Bachelor of surgery (MBBS) Course, as illegal, arbitrary and unconstitutional being violative of article 14 of the Constitution of India and against the regulation making power of the medical Council of India. The petitioners also pray to declare Rule 4 (3) (b) (1) (i) of the Andhra Pradesh Professional educational Institutions (Regulation of admission into Under-Graduate professional Courses through Common entrance Test) Rules, 1993 issued in g. O. Ms. No. 184, Education (EC-2) department, dated 20-8-1993, as illegal and arbitrary. The petitioners further pray to declare Regulation 3-B (b) of EAMCET-2000 and 2001 Regulations imposing the condition of completing 17 years by the date of commencement of admissions to mbbs Course as illegal arbitrary and unconstitutional.

( 3 ) THE petitioner in W. P. No. 23357 of 2000 hails from S. C. community. She was born on 26-2-1985 and as on 31-12-2000 her age was 15 years 10 months. She completed her two years Intermediate Course with biology, Physics and Chemistry (Bipc) as optional subjects in the month of March, 2000 by securing the first division with 83. 1% marks. She appeared for eamcet-2000 and awarded the rank of 4520.

( 4 ) THE petitioner in W. P. No. 13006 of 2001 was born on 5-7-1985 and she has completed her two years Intermediate course with Biology, Physics and chemistry (Bipc) as optional subjects in the month of March/april, 2001 by securing the first division with 92% marks whereas in optional subjects she secured 95%. She has a brilliant academic record. She appeared for the EAMCET-2001 held on 27-5-2001 and secured 2160 rank. She was aged about 16 years when she appeared in the EAMCET-2001 examination.

( 5 ) BOTH the petitioners intend to seek admission into first year MBBS Course. Their case, obviously, cannot be considered for admission, since both of them are under age. It is under those circumstances, the petitioners challenge the constitutional validity of Regulation 4 (1) of the regulations on Graduate Medical education, 1997 framed by the Medical council of India and the consequential rules of admission framed in G. O. Ms. No. 184, education (EC-2) Department, dated 20-8-1993.

( 6 ) THE second respondent in the admission notification to MBBS, BDS, Ag. , bsc. , and other courses inter alia stipulated that a candidate must complete 17 years of age by the date of commencement of admissions as announced by the Committee or on such other date as may be notified by the Committee. Such a stipulation is, obviously, made in view of the Rules framed by the Government of Andhra pradesh in G. O. Ms. No. 184, Education (EC-2) Department, dated 20-8-1993, that is to say, Andhra Pradesh Professional educational Institutions (Regulation of Admission into Under-Graduate professional Courses through Common entrance Test) Rules, 1993 (for short the admission Rules ). Rule 4 (3) (b) (1) (i) of the said Rules stipulates that for admission into MBBS and BDS a candidate should have completed 17 years of age and should not have completed 22 years by the date of commencement of admissions as announced by the Committee or on such other date as may be notified by the committee.

( 7 ) THE petitioners were, obviously, under aged when they have submitted their applications seeking admission into first year MBBS Course.

( 8 ) THE rules framed by the Government of Andhra Pradesh through G. O. Ms. No. 184, Education (EC-2) Department, dated 20-8-1993, that is to say, the admission Rules and t

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