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K. VINOD CHANDRAN, NANI TAGIA
Niraj Kumar – Appellant
Versus
State of Bihar – Respondent
K. Vinod Chandran, CJ.—The writ petitioners are aggrieved with the prescription of upper age limit, as per Annexure-P/17 order, which is alleged to be in violation of the Teachers Eligibility Qualifications in Medical Institution Regulations, 2022; brought out by the National Medical Council (for brevity ‘NMC’).
2. The petitioners are specifically aggrieved with (i) clause (f) of Rule 6 of Chapter 6 of the Senior Resident/Tutor Bihar Medical Education Service, Recruitment, Appointment & Promotion (Amendment) Rules 2013, produced as Annexure- P/16, which provides for a 5 year relaxation in the age limit for members of the Bihar State Health Service cadre and the (ii) upper age limit fixed in Annexure-P/13 advertisement issued for selection and appointment of Senior Residents/Tutors in the Bihar Medical Education Service; fixed in the light of resolution dated 07.01.2016 passed by the General Administration Department, Government of Bihar, produced as Annexure-P/17. The petitioners specifically refer to the regulations of the NMC produced at Annexure-P/4, wherein Senior Residents with post graduation, should be below 45 years of age at the time of initial appointment. The upper-age he
The State can set its own upper age limits for appointments as long as they do not violate minimum standards established by the National Medical Council.
Eligibility criteria for recruitment, including age limits, cannot be altered mid-process, and horizontal reservation for age relaxation is not permissible under existing rules.
Eligibility criteria for recruitment cannot be altered mid-process, and no age relaxation beyond prescribed limits is permissible without explicit provision.
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