--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION NO. 6849 / 2010 Dr. AVINASH CHATURVEDI S/O A. R. CHATURVEDI & 8 OTHERS Vs. STATE OF MP & ANOTHER * * * * * O R D E R ( 24/11/2011) The petitioners before this Court, who have obtained a MBBS degree to their credit, have filed this present writ petition being aggrieved by the fixation of cut off date in the matter of age limit vide notification dt. 20/7/10. The contention of the petitioners is that they are domicile of the State of Madhya Pradesh and after obtaining a MBBS degree they were registered with the MP Medical Council. It has been stated in the writ petition that no recruitment to the post of medical officers took place in the Department of Public Health & Family Welfare in the State of Madhya Pradesh for the last 11 years and an advertisement was issued only on 20/7/10 inviting --- 2 --- applications for the post of Medical officers. The contention of the petitioners is that recruitment in the Department of Public Health & Family Welfare is done as per the statutory provisions contained under the rules known as MP Public Health & Family Welfare (Gazetted) Service Recruitment Rules, 1988 and the maximum age prescribed under the advertisement is 32 years as on 1/1/2011. Petitioners have further stated that earlier in the past also as recruitment was not done on yearly basis various notifications were issued by the State Government granting age relaxation and persons upto the age of 35 years were permitted to appear in various Civil Services Examinations. One such notification dt. 23/2/08 is on record as Annexure P/5. The grievance of the petitioners is that on account of lapses committed by the State Government in the matter of recruitment, they have become over age and for no fault on their part, they are not permitted to appear in the process of selection. Petitioners have prayed for issuance of an appropriate writ, order or direction directing the State Government to relax the upper age limit upto 35 years for the post of Medical Officers. --- 3 --- A reply has been filed on behalf of the State Government and contention of the respondents is that they have granted age relaxation only in respect of 2008 – 2009 and 2009 – 2010 Civil Services Examination and as the petitioners have completed 32 years of age, they are not entitled to appear in the process of selection. The respondents have stated that age relaxation was granted vide Annexure P/5 dt. 23/2/08 only because examinations for Civil Services were not held for the last 3 years and in order to grant benefit to those persons who were not able to appear in the Civil Services Examination and who became overage, one time relaxation was granted by the State Government. The respondents have prayed for dismissal of the writ petition. A reply has been filed on behalf of the M P Public Service Commission also and the M P Public Service Commission has stated in its reply that the maximum age limit of 32 years as on 1/1/11 as per the advertisement has been fixed keeping in view the recruitment Rules as recruitment is going to take place for the post of Medical --- 4 --- Officers (Gazetted Class II). Learned counsel for the respondent M P Public Service Commission has also stated that age relaxation can be granted only if there is a statutory provisions for granting age relaxation and the Rules provides for prescribed minimum and maximum age for the post and therefore the question of interference by this Court does not arise. The respondent M P Public Service Commission has prayed for dismissal of the writ petition. Heard learned counsel for the parties at length and perused the record. The matter is being disposed of at the admission stage itself with the consent of the parties. In the present case, it is an admitted fact that an advertisement was issued on 20/7/10 inviting applications for the post of Medical Officers. The petitioners who are Doctors holding a MBBS degree have crossed 32 years of age on 1/11/2011. It is true that this Court has granted an interim order permitting the petitioners to participate in the process of selection. However, the fact remains that they are more than 32 years of age as on 1/1/11. Petitioners are claiming age relaxation and are claiming parity with those --- 5 --- candidates who have been granted age relaxation in the Civil Services Examination in respect of the year 2008 – 2009 and 2009 – 2010. A notification was issued by the State Government on 23/2/08 and age relaxation was granted by the State Government permitting the candidates to appear in the Civil Services Examination upto 35 years. The normally age prescribed earlier was 30 years and relaxation was granted only on the ground that for the last 3 preceeding years, no examination took place for the State Civil Services. This is the only reason assigned in the return by the respondents. In the present case, as stated by the petitioners, the examination for filling up the post of medical officers under the Department of Public Health & Family Welfare has not taken place for the last 11 years and an advertisement has been issued only after 11 years to fill up the post of Medical Officers (Gazetted Class II) by issuing an advertisement dt. 22/7/10. The recruitment is being done under the provisions of MP Public Health & Family Welfare (Gazetted) Service Recruitment Rules, 1988. In the present case, the State --- 6 --- Government in respect of Civil Services Examination, only because examinations did not take place for 3 years have granted age relaxation of 3 years to large number of candidates and therefore this Court is of the considered opinion that the matter deserves consideration by the State Government in the matter of age relaxation for recruiting Medical Officers (Class II Gazetted). As it is a question of taking a policy decision, the matter is remanded back to the State Government to take appropriate policy decision in the matter of grant of age relaxation. It is needless to mention that the State Government shall keep in mind the age relaxation granted in respect of other examinations of the State on similar grounds. The aforesaid exercise of considering the matter for grant of age relaxation and passing an appropriate order be concluded within a period of 60 days from the date of receipt of certified copy of this order. It is pertinent to note that State of Madhya Pradesh is already facing an acute shortage of Doctors and there are large numbers of Public Health Centres in remote areas with --- 7 --- no Doctors. The limited number of Doctors available are posted in big cities and people belonging to the rural area are not getting proper medical facilities. About 300 posts of Doctors are lying vacant in the Department of Public Health & Family Welfare and recently an advertisement has been issued on 5/11/11 inviting applications for 281 Medical Officers on ad hoc basis, the advertisement dt. 5/11/11 does not provide for any upper age limit and it further reveals that such ad hoc Doctors will be considered for regularisation after 2 years of probationary period. The advertisement which is available on the website of the Government www.health.mp.gov.in further reveals that earlier also in the past 300 persons were appointed on ad hoc / contract basis and 281 Doctors have been regularised by the State Government. It is really unfortunate that the State Government is filling up the posts of Doctors by devising a new method of recruitment. The recruitment Rules known as MP Public Health & Family Welfare (Gazetted) Service Recruitment Rules, 1988 provides for recruitment to the post of Medical --- 8 --- Officer through M P Public Service Commission. A detailed process is prescribed under the Rules of 1988 and by issuing such an advertisement Doctors are being appointed on contractual basis and they are being regularised by the State Government by giving a complete go-bye to a constitutional body ie., M P Public Service Commission. Keeping in view the aforesaid as about 300 posts of regular Doctors are lying vacant, this court hopes and trusts that the respondents shall pass an appropriate order in the matter of grant of age relaxation keeping in view their earlier order dt. 23/2/08 and shall pass an appropriate order in the matter, as directed aforesaid. With the aforesaid, this petition stands disposed of. No order as to costs. (S. C. SHARMA) J U D G E KR