Sakshi Chhabra
The Karnataka High Court upheld the rules amended by the State Government to enhance the minimum age limit from 21 to 26 years for the appointment of medical officers.
The rules were amended to ensure participation of doctors on a contract basis, in light of the prevailing Covid situation, in the recruitment process and to ensure job security.
This case has been heard by a division bench of Justices Aravind Kumar and Pradeep Singh Yerur.
A petition was filed by graduate doctors, both MBBS and BDS, who challenged the amendment to Rule 4 of the Karnataka Directorate Health and Family Welfare Services (Recruitment of Senior Medical Officer/Specialists, General Duty Medical Officers and Dental Health Officers) (Special) (Amendment) Rules, 2020.
“It is no doubt true that experience has not been fixed as the criteria for the appointment to the post of General Duty Medical Officers. However, it does not mean that the state has no power to file the minimum age criteria. The enhancement of the age from 21 years to 26 years is based on the intelligible differentia of experience and rural service with the object to provide experienced medical service to the needy public,” the bench said.
In the light of the findings recorded by this court, “We are of the considered view that the tribunal was correct in dismissing the applications and there is no error committed by it and it is upheld”, the HC said.
The petitioners have further stated that the amendment made is absolutely discriminatory, unnecessary and this is an artificial restriction that has been created. The candidates are deprived of the opportunity to participate in the selection process. There are many candidates eligible to be selected.
On the counter, Additional Advocate General Arun Shyam argued “That by the time of completion of MBBS/BDS degree, the age of the doctors would be 23 years and an internship of one year and compulsory rural training at government hospitals for another year would result in the candidate being aged about 25 years. Keeping this in mind, the age limit was enhanced, and it lies in the domain of policy matter.”
The petitioners also said that it is extremely wrong to make such amendments after seeing what the doctors who have just entered the field have done during the pandemic. The doctors have worked hard and tremendously to curb the covid situation in the nation, some of the doctors are bare of the age group between 21-25 and this is something the court should consider.
