Statutory Rules framed under Article 309 of the Constitution cannot be held to be ultra vires the Regulations framed under a parliamentary enactment.

(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 that the statutory Rules framed under Article 309 of the Constitution can not be held to be ultra vires the Regulations framed under a parliamentary enactment.

4. The Medical Council of India has, in exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956, framed “ the Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998”. The said Regulations have been amended by the amending Regulations of 2010. Regulation 4(iii) of the amending Regulations of 2010 provides:-

“(i) For the candidates possessing MD/MS Degree from M.C.I. recognized medical college.

Three years teaching experience in the subject as Resident/ Registrar/ Demonstrator/Tutor in a recognized medical college either during the post-graduation course or after obtaining postgraduate degree in the subject.”

5. As the title connotes, under the Regulations the Medical Council of India has prescribed minimum qualifications required for appointment of teachers in medical colleges. In our opinion, no medical college has been debarred from specifying higher qualification than the minimum qualification prescribed by the Medical Council of India. If the State of Bihar has, in its wisdom, provided for experience of three years after Post Graduation, the same cannot be said to be in contravention of the Regulations framed by the Medical Council of India nor the Indian Medical Council Act, 1956.

6. Petition is dismissed in limine.