Court Confirms Eligibility for Appointment as Dental Surgeons Despite Age Limit Concerns
In a landmark decision, the Bombay High Court has upheld the eligibility of contractual employees serving under the National Health Mission (NHM) for age relaxation, thereby facilitating their appointment as Dental Surgeons in government establishments. The judgment addresses the contentious issue of whether contractual NHM employees, despite not being permanent government servants, are entitled to age relaxation under service rules.
The case, involving multiple writ petitions filed by the Maharashtra Public Service Commission (MPSC) against Dr. Jagdish Anandrao Bhalerao, Dr. Bharat Lad, and others, challenged the Maharashtra Administrative Tribunal's decision to recommend the appointment of these NHM contractual employees by relaxing the age limit stipulated in the Directorate of Health Service Recruitment Rules, 1990.
The court, presided by Justices Suman Shyam and Ranjitsinha Raja Bhonsale, ruled that the NHM contractual employees, having served in government institutions, are eligible for age relaxation as per Rule 3(b) of the 1990 Recruitment Rules. The judgment emphasized that the term "in the service of the Government" encompasses NHM employees who work under government establishments, thus qualifying them for the age exemption.
Furthermore, the court highlighted a Government Resolution dated 14th March 2024, which articulated a policy decision to absorb NHM contractual employees with over ten years of service. This resolution supports age relaxation, reinforcing the court's decision to uphold the tribunal's directive.
In addressing the procedural nuances, the court underscored its discretionary powers under Article 226 of the Constitution of India to ensure justice beyond procedural technicalities. It reaffirmed the eligibility of the NHM employees based on their service duration and contribution to government institutions, despite their contractual status.
The judgment mandates the MPSC to recommend the names of the eligible candidates for appointment as Dental Surgeons, confirming that vacancies are available to accommodate them. This decision is expected to have significant implications for other similarly situated contractual employees seeking age relaxation under service rules.
Bottom line:-
Contractual employees under the National Health Mission (NHM) serving in government establishments may be entitled to age relaxation under service rules for recruitment purposes, even if not considered permanent government servants.
Statutory provision(s): Rule 3(b) of the Directorate of Health Service Recruitment Rules, 1990, Government Resolution dated 14th March 2024, Article 226 of the Constitution of India
