Petitioner challenged the advertisement for Senior Resident at Aligarh Muslim University, claiming overage due to a revised government circular lowering the age limit from 40 to 37 years. The High Court dismissed the petition as the petitioner failed to disclose his age or demonstrate the circular was illegal.
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Court No. - 39
Case :- WRIT - A No. - 17508 of 2018 Petitioner :- Dr. Atif Ateeq Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Meraj Ahmad Khan,R.K. Singh. Rajput Counsel for Respondent :- A.S.G.I.,Rakesh Kumar Pandey,Shashank Shekhar Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Shri Meraj Ahmad Khan, learned counsel for the petitioner, Shri Shashank Shekhar Singh for the respondent no. 5, Shri Rakesh Kumar Pandey for the respondent nos. 1, 2 and 4 and learned Standing Counsel for the respondent no. 3.
This writ petition has been filed challenging the advertisement dated 11.07.2018 as well as circular dated 06.02.2018. The advertisement dated 11.07.2018 has been issued by the Faculty of Medicine, Aligarh Muslim University purportedly in pursuance of the circular dated 06.02.2018 issued by the Government of India, Ministry of Health and Family Welfare (Department of Health and Family Welfare). In the amended provisions of the Minimum Qualification for Teachers in Medical Institutions Regulations, 1998, the definition of the Senior Resident (Broad Specialities) is as under:-
"Senior Resident is one who is doing his/her residency in the concerned post graduate subject after obtaining PG degree (MD/MS) and is below 40 years of age."
In the aforesaid circular dated 06.02.2018, the aforesaid upper age limit was revised by stating that the matter had been examined in consultation with Directorate General of Health Services after receiving representations in the Ministry for raising the upper age limit for appointment as Senior Resident under the Residency Scheme of the Central Government and it has been decided that the upper age limit for appointment to the post of Senior Resident in Central Government Hospitals/Institutions including Statutory/ Autonomous bodies wholly financed by the Central Government shall be 37 years with immediate effect. It also provides for relaxation in age limit by 5 years for SC/ST candidates.
The contention of the learned counsel for the petitioner is that earlier, in pursuance of the advertisement dated 25.01.2018, the petitioner had applied for the post of Senior Resident in the
Department of Anatomy of the Aligarh Muslim University but a fresh advertisement dated 11.07.2018 has been issued and in terms of the amended regulations of the Medical Council of India, 1998, he has become overage. It is contended that it was after the last date of submission of forms i.e. 05.02.2018 that the letter dated 06.02.2018 has been issued.
On the other hand, Shri Shashank Shekhar Singh, learned counsel for the Aligarh Muslim University has contended that there is no error in the advertisement issued by the Aligarh Muslim University and it is in keeping with the regulations of the Medical Council of India, 1998. In the advertisement dated 11.01.2018 issued by the University, it is stated that the qualifications of the advertised posts would be as per the MCI norms/Residency rules adopted by the Aligarh Muslim University. It is further stated in the advertisement that the eligibility of the candidates will be determined as on the last date of submission of the application forms. The last date of submission of application forms has been mentioned as 21.07.2018.
Nowhere in the petition is there any averment with regard to the age of the petitioner. A perusal of the Regulations of 1998 of the Medical Council of India reveals that a Senior Resident is one who is doing his/her residency in the concerned post graduate subject after obtaining PG degree (MD/MS) and is below 40 years of age. The circular of the Government of India dated 06.02.2018 has fixed the upper age limit for appointment to the post of Senior Resident in Central Government Hospitals/Institutions including Statutory/ Autonomous bodies wholly financed by the Central Government at 37 years.
The fact that the concerned advertisement has been issued by the Aligarh Muslim University on 11.07.2018 specifying the qualifications and eligibility in keeping with the Government of India's circular dated 06.02.2018 would not render the same invalid. Moreover, in view of the fact that the petitioner has not disclosed his age in the writ petition, he has failed to demonstrate that he has become overage for applying pursuant to the advertisement.
With regard to the circular of the Central Government dated 06.02.2018, the petitioner has failed to demonstrate any illegality or infirmity in the same.
This writ petition, therefore, lacks merit and is, accordingly, dismissed.
Order Date :- 4.9.2018/A.V.Singh
3 issues framed by the court
Whether the advertisement issued by Aligarh Muslim University specifying the upper age limit for appointment as Senior Resident was illegal.
Whether the petitioner has demonstrated that he has become overage for applying pursuant to the advertisement.
Whether there is any illegality or infirmity in the circular of the Central Government dated 06.02.2018 regarding age limits for Senior Residents.
Dr. Atif Ateeq
Union Of India
Aligarh Muslim University
B. Amit Sthalekar
Jayant Banerji
As recorded by the court registry
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