The State's amendment to reduce qualifications for the Director post at a cardiology institute was upheld as within its legislative competence, establishing distinctions conforming to the institution’s status as a non-teaching hospital.

JUDGMENT :

Ashutosh Kumar, ACJ

The petitioner has challenged the validity of Rules 5, 6 and Appendix-1 of Indira Gandhi Institute of Cardiology Medical Service (Amendment) Rules, 2023 introduced by way of notification contained in Memo No. 487(17) dated 13.05.2023 whereby the Indira Gandhi Institute of Cardiology Medical Service Rules of 2022 (hereinafter referred to as the "Rules of 2022"), relating to eligibility and manner of appointment of the Director of Indira Gandhi Institute of Cardiology (hereinafter referred to as “the IGIC”) has been changed, which according to the petitioner is manifestly illegal and violative of Articles 14 and 16 of the Constitution of India as also repugnant to the Central Law on the subject.

2. Apart from this major challenge, the other reliefs prayed for are quashing and setting aside of Rule 17 of Rules of 2022 whereby it has been prescribed that the officers appointed prior to coming into force of the Rule would be entitled to be considered for promotion in terms of earlier notifications prior to coming into force of Indira Gandhi Institute of Cardiology Medical Service Rules , 2014 (hereinafter referred to as the “Rules of 2014”) as this also is violative of Articles 14 and 16 of the Constitution of India because it creates a class within a class without any rational basis.

3. The further prayer of the petitioner is to set aside the appointment of respondent No. 10 as Director of IGIC on regular basis in exercise of the powers under the Amendment Rules, 2023.

4. The IGIC was carved out of Patna Medical College and Hospital in the year 1980. Initially, the posts were sanctioned as teaching posts but by order dated 15.04.1984, those posts were converted into non-teaching posts. The qualification for posts above the basic post of Assistant Director was fixed at minimum of post-graduation but superspeciality qualification was not mandatory.

5. The contention of the petitioner is that IGIC, Patna is the first specialized cardiac care centre under the Department of Health, Government of Bihar. In the year 2014, in exercise of powers conferred by proviso to Article 309 of the Constitution of India, the Government of Bihar framed the Rules of 2014 to regulate the appointment and service conditions of doctors in IGIC. Under the aforesaid Rules, IGIC medical service was declared to be a specialist service with six cadres; one being medical cardiology cadre.

6. The Rules also provided for chain of posts of different cadres.

7. Appendix-1 to the Rule of 2014 provided that for the post of Assistant Director (Medical Cardiology) which would be by direct recruitment, the qualification would be MD(Medicine) and DM(Cardiology). The first ladder was Deputy Director (Medical Cardiology) post which was to be filled up in the ratio of 33% by direct recruitment and rest 67% by promotion. For that also, the qualifications required were MD(Medicine) and DM(Cardiology) with minimum of six years working experience in a Cardiological Institute recognised by the Medical Council of India (hereinafter referred to as “the MCI”) after doing DM.

8. The second ladder was of Joint Director (Medical Cardiology) which also were to be filled up in the ratio of 33% by direct recru