KISHORE KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The grievance raised is about the prescription of the age bar of 50 years in respect of appointment to the post of Assistant Professors as being irrational, arbitrary and having no nexus with the object sought to be achieved. The contention of all the petitioners in the writ petitions virtually raises a challenge to the prescription of the age bar in the rules challenging its validity as being violative of Article 14 of the Constitution of India with no purpose to be achieved. All these writ petitioners have crossed the age bar of 50 years and they contend that the prescription of age for appointment as Assistant Professors should be relaxed keeping in view the maximum age of services as recommended by the Medical Council of India which comes up to 70 years. The claim is also based on the past prescriptions made by relaxing the age up to 67 years contending that this in no way would impede either the quality of appointments or the standards of medical education. This according to us may be a legal issue raised which has to be answered but the real challenge faced by the citizens and students of medical education is otherwise.

(2.) This entire bunch concerns one of the basic needs of the citizens of this State with regard to medical education which depicts a serious concern and also a perception as if one of the most important sectors concerning human life is facing neglect. At least this is for certain that be it any branch of governance, the subject matter did require a permanent thorough clinical treatment founded on sound diagnosis instead of a cosmetic ad hocism that is being continued in the matters of appointment of the teaching staff in the Medical Colleges throughout the State of Bihar.

(3.) About two decades ago, an attempt was made by the Government to re-structure the teaching cadre by declaring the establishment of a combined cadre consisting of junior and senior category of posts. This commenced with the promulgation of the Bihar Medical Education Care and Appointment on Cadre Post Rules (The Bihar Medical Education Service Cadre and Cadre Post Appointment Rules) 1997. A Hindi version of the Gazette dated 24th May, 1997) has been only made available which is Annexure-1 to C.W.J.C. No. 8149 of 2017. The Rules were applied to all vacancies that were existing in the past and were to occur in future. The definition clause defines Junior Teaching Post in Clause 4 (3) as Lecturers. In Clause 4 (4) Senior Teaching Posts have been defined as Assistant Professors, Associate Professors and Professors. While restructuring and creating a combined cadre, Clause 5 provided for an amalgamated cadre of all the Resident Doctors, Registrars, Assistant Professors, Associate Professors, Professors, Principals and the Deputy Director, Joint Director-cum-Examination Controller and Director or Additional Director of the Directorate of the then Medical Education Cadre. The Rules also provide that all the existing posts of Resident Doctors and Registrars shall stand converted into the post of Lecturers, whereas the other posts would remain intact.