(Per: HONOURABLE THE CHIEF JUSTICE)

The petitioners, the qualified medical doctors, have filed this petition under Article 226 of the Constitution to challenge the validity of Rule 7 (iii) of the Senior Resident, Tutor and Bihar Medical Education Service Cadre Recruitment, Appointment and Promotion Rules, 2008 in-so-far as for appointment to the post of Assistant Professor a candidate is required to have three years of teaching experience after Post Graduation in the specified subject.

2. Learned Advocate Mr. Vinay Ranjan has appeared for the petitioners. He has submitted that the medical education in the medical colleges in India is regulated by the Medical Council of India constituted under the Indian Medical Council Act, 1956 and the Regulations made thereunder. The relevant regulation requires three years’ teaching experience either during the Post Graduation course or after obtaining Post Graduate degree in the subject. Thus, the Rules framed by the Government of Bihar are not in consonance with the regulations made by the Medical Council of India. The impugned rule is ultra vires the Regulation framed by the Medical Council of India.

3. At the outset, we may note tha