read on app
Hearing was held in the High Court on Tuesday on the application filed for increasing the age limit for appointment of Assistant Professor in Government Medical Colleges of Bihar. The court has rejected the application filed to increase the maximum age limit of doctors from 45, 48 and 50 years to 70 years. The division bench of Chief Justice Justice K Vinod Chandran and Justice Harish Kumar, after hearing the application filed by Dr. Nishant, rejected it. It is noteworthy that under the Senior Resident/Tutor and Medical Education Service (Appointment, Transfer and Promotion) Rules 2008 in the state, in the recruitment of Assistant Professor in the government medical colleges of the state, 45 years for the general category and 48 years for the reserved quota and 48 years for SC ST category. The maximum age limit has been set at 50 years. This rule was challenged constitutionally.
The applicant said that the National Medical Commission, the apex central body that controls medical services and medical education in the entire country, has set the maximum age for the reinstatement of Assistant Professor in government medical colleges at 70 years. He said that the state government has implemented rules contradictory to the National Medical Commission Act. The court was told that the rules of the state government and Section 57 of the National Medical Commission Act 2019 are contradictory to each other. He said that doctors up to the age of 70 years can be reinstated to the post of Assistant Professor.
He also said that these rules are applicable in other states. The court has validated the law that doctors above 45 years of age for general category, 48 years for reserved quota and 50 years for SC-ST category are not eligible for the post of Assistant Professor. The court rejected the application filed to repeal Rule 7(iii) D of Chapter Four of the Senior Resident/Tutor and Bihar Medical Education Service Recruitment, Appointment and Promotion Rules 2008 of the government. The court upheld the rules of the state government.
