CHENNAI: The amendment to Medical Institutions Regulations, prescribing 40-year as upper age limit for appointment as senior resident/assistant professor in government-run medical institutions by Medical Council of India, has been opposed by a section of doctors who have moved the Madras High Court terming it “unconstitutional, ultra vires, discriminatory and illegal”.
The high court has ordered notice to Medical Council of India (MCI) on the public interest litigation seeking interim injunction restraining Clause 6 of Schedule -I of amended Minimum Qualification for Teachers in Medical Institutions Regulations, 1998 and declare restriction imposed by MCI fixing 40-years as upper age limit for appointment to the post of senior resident/assistant professor in government-run medical Institutions as illegal.
A division bench of Justices S Manikumar and Subramanioum Prasad adjourned the hearing to September 19. According to petitioners, MCI amended the Medical Institutions Regulations, 1998 with effect from June 8, 2017 prescribing 40-years as upper age limit for appointment as senior resident in medical institutions.
“Any such prescription of age limit for a government doctor in medical service for appointment to the post of senior resident in teaching medical institutions would be against the object sought to be achieved under the provisions of Indian Medical Association Act and Minimum Qualification for Teachers in Medical Institutions Regulations, 1998, petitioners submitted.
When post graduation is a necessary qualification for posts of senior Resident or Assistant professor, any such restriction will lead to lack of requisite number of faculty, the petitioners said.