(1.) The petitioners, in the present writ application under Article 226 of the Constitution of India, seek issuance of a writ, in the nature of writ of certiorari, quashing Clause (f) of Rule 6 of the Senior Resident, Tutor of Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion Rules, 2008 (hereinafter referred to as Rs.2008 Rules'), as introduced by way of amendment in the year 2013. They have sought for a consequential declaration as regards their eligibility for appointment as Senior Resident/Tutor in Pathology (petitioner No.1), (Ear Nose & Throat) ENT (Petitioner No.2) on the ground that by virtue of the provisions as contained in Clause (f) of Rule 6 of the Rules, they have been declared overage and their candidature has not been considered.
(2.) From the pleadings on record and submissions advanced, we notice that the Government of Bihar, in exercise of power conferred under the proviso to Article 309 of the Constitution of India, has framed Senior Resident/Tutor of Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion Rules, 2008, published in Bihar Gazette (Extraordinary) No. 480, dated 13.08.2008, for the purpose of regulating recruitment, appointment and promotion to the post of Senior Resident/Tutor and Bihar Medical Education Service Cadre post. Chapter III of the said Rules deals with recruitment to the posts of Senior Resident/Tutor in the Government Medical Colleges. These posts are tenure teaching posts of four year duration. The Rules came to be amended through Senior Resident/Tutor and Bihar Medical Education Service Recruitment, Appointment and Promotion (Amendment) Rules, 2013 (hereinafter referred to as the Amendment Rules, 2013) and new sub rule (f) came to be inserted in the Rules, which reads thus: -
(3.) The Health Department of the State Government came out with an advertisement inviting applications for appointment on the posts of Senior Resident/Tutor in different Departments including Pathology and Ear, Nose and Throat (ENT) in different Medical Colleges and Hospitals of the State. The said advertisement, dated 07.05.2015, has been brought on record by way of Annexure -6 to the writ application. It was specifically prescribed in the said advertisement that the applications were being invited in terms of 2008 Rules as amended by Amendment Rules, 2013. The maximum age limit of a candidate to be eligible, as on 01.08.2015, was prescribed as the same, which is applicable for appointment, in the State Government services, as fixed by the General Administration Department of the State Government. It provided, however, a relaxation of five years for the members of the Bihar State Health Service Cadre. The petitioners, indisputably, did not belong to the Bihar Health Service Cadre.