BENGALURU: The Karnataka High Court upheld the rules amended by the State Government to enhance the minimum age limit from 21 to 26 for the appointment of medical officers. The rules were amended to ensure participation of doctors on contract basis, in light of the prevailing Covid situation, in the recruitment process and to provide them job security.
A division bench of Justices Aravind Kumar and Pradeep Singh Yerur held that Rule 4 of the Directorate Health and Family Welfare Services (Recruitment of Senior Medical Officer/Specialists, General Duty Medical Officers and Dental Health Officers) (Special) (Amendment) Rules, 2020, is intravires and not violative of Articles 14, 16, 19 and 21 of the Constitution.
The note presented by the cabinet to the court read: “In the present situation of Covid-19 in the state, the doctors on contract basis are doing a commendable job. At this juncture, it was felt necessary to encourage and utilise the services of the experienced doctors who are also rendering their valuable duty in rural areas for providing better service to the common man from the public health institutions. In turn, it provides them job security for their services. Therefore, it is proposed to amend certain rules to ensure their participation in this recruitment process.”
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, while confirming the orders passed by the Karnataka State Administrative Tribunal dismissing the applications filed by petitioner Dr KP Vikas Gowda and others, who are serving as General Duty Medical Officers on contract basis, questioning the enhancement of minimum age limit.
The petitioners contended that the amendment is discriminatory and an artificial restriction has been created. It is deprived of the opportunity to participate in the selection process. In counter, Additional Advocate General Arun Shyam argued that by the time of completion of MBBS/BDS degree, the age 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, he argued.