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A hearing was held in the High Court on Tuesday on a petition filed to increase the age limit for the appointment of assistant professors in government medical colleges in Bihar. The court rejected a plea filed to increase the maximum age limit of doctors from 45, 48 and 50 years to 70 years. A Division Bench of Chief Justice Justice K Vinod Chandran and Justice Harish Kumar Dr. After hearing the petition filed on behalf of Nishant, it was dismissed. It may be noted that under the State Senior Resident/Teacher and Medical Education Service (Appointment, Transfer and Promotion) Rules, 2008, in the recruitment of Assistant Professors in State Government Medical Colleges, the maximum age limit is 45 years for general category and 48 years for reserved quota and SC ST category. 50 years have been fixed. This rule was challenged constitutionally.
The petitioner said that the National Medical Commission, the apex central body that regulates medical services and medical education across the country, has fixed 70 years as the maximum age for reinstatement of assistant professors in government medical colleges. He said that the state government has implemented rules contrary to the National Medical Commission Act. The court was told that the state government’s rules and Section 57 of the National Medical Commission Act, 2019 conflicted with each other. He said that doctors upto 70 years can be reinstated to the post of Assistant Professor.
He also said that these rules are applicable in other states as well. The court upheld the law that doctors above 45 years of age for general category, 48 years for reserved quota and above 50 years for SC-ST category are not eligible for the post of assistant professor. The court dismissed the plea filed by the government in 2008 to quash Rule 7(iii) D of Chapter IV of Senior Resident/Teacher and Bihar Medical Education Service Recruitment, Appointment and Promotion Rules, 2008. The court upheld the rules of the state government.