Case Note & Summary
The Supreme Court dismissed appeals challenging an advertisement for direct recruitment to 47 posts of Professor in Government Medical Colleges in Uttar Pradesh. The advertisement, issued on 21.12.2015 by the Uttar Pradesh Public Service Commission, did not provide reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, and enhanced the upper age limit from 45 to 65 years. The High Court of Allahabad had upheld the advertisement. The Supreme Court examined two issues: (1) whether the lack of reservations violated the Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994; and (2) whether the age limit enhancement contravened the Uttar Pradesh Medical Colleges Teachers' Service (Second Amendment) Rules, 2005. On the first issue, the Court held that the unit for reservation is each speciality/department, not the entire cadre. Since the number of posts in each department was less than five (except General Medicine and General Surgery, where only two posts each were available due to an interim order), reservations could not be applied. The Court relied on the proviso to Rule 6 of the Service Rules and the Full Bench decision in Heera Lal v. State of U.P. On the second issue, the Court noted that the Medical Council of India's Regulations set the maximum age at 70 years, and the Government Order enhancing the age to 65 years was consistent with those Regulations. The Court found no error in the High Court's decision and dismissed the appeals.
Headnote
A) Service Law - Reservation - Direct Recruitment - Unit of Appointment - The unit for providing reservations for appointment by direct recruitment to the post of Professor is each speciality/department, not the entire cadre of Professors across all departments. The proviso to Rule 6 of the Uttar Pradesh Medical Colleges Teachers' Service (Second Amendment) Rules, 2005 deems each speciality/department in Category 'A' as a single unit, and Category 'B' (direct recruitment) follows the same principle. Since the number of posts available in each speciality/department was less than five, reservations under the Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 could not be applied. The High Court's decision in Heera Lal v. State of U.P. (2010) 82 ALR 453 (FB) supports this view. (Paras 5-9) B) Service Law - Age Limit - Enhancement - Executive Order - The enhancement of the upper age limit for appointment to the post of Professor from 45 to 65 years by Government Order dated 06.02.2015 is valid. Although Rule 9 of the Service Rules prescribes 45 years, the Medical Council of India's Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998 (as amended) set the maximum age at 70 years. The Government Order, being consistent with the MCI Regulations, does not contravene the Service Rules. The Appellants' argument that an executive order cannot override a rule under Article 309 was rejected as the Government Order was issued to align with the MCI Regulations. (Paras 10-11)
Issue of Consideration
Whether the advertisement for direct recruitment to the post of Professor in Government Medical Colleges violates the Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 by not providing reservations; and whether the enhancement of the upper age limit from 45 to 65 years is contrary to the Uttar Pradesh Medical Colleges Teachers' Service (Second Amendment) Rules, 2005.
Final Decision
The Supreme Court dismissed the appeals, holding that the advertisement is not violative of the Reservation Act as the unit of appointment is speciality/department and the number of posts in each department is less than five, and the enhancement of the upper age limit to 65 years is valid as it is consistent with the MCI Regulations.
Law Points
- Reservation Act
- 1994
- Section 3
- Service Rules
- Rule 5
- Rule 6
- Rule 9
- proviso to Rule 6
- Appendix A
- Category A
- Category B
- unit of appointment
- cadre strength
- speciality/department
- less than five posts
- MCI Regulations
- 1998
- Article 309
- executive order
- Government Order dated 06.02.2015
