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Recently, the Apex Court while hearing an appeal in the case of, Dr. Professor Rajendra Chaudhary v/s The State of Uttar Pradesh wherein the main arguments were presented regarding reservations which is to be applied for the appointment of the posts of Professor by direct recruitment in Medical Colleges in the State of Uttar Pradesh. The appeal contended that there must be an enhancement of the maximum age limit from 45 years to 65 years for the said post.
The appeal contended that there has been no direct recruitment to the posts of Professors in 12 Government Medical Colleges for last 12 years preceding to 2015. The enhancement of the upper age limit from 45 years to 65 years was earlier scrutinized in a Writ Petition on the basis of it being in violation of Uttar Pradesh State Medical Colleges’ Teachers Services (Second Amendment) Rules, 2005 (for short, ‘Service Rules’). But now the Apex Court has advocated the enhancement of the maximum age limit for the posts of Professor in Medical Colleges in the State of Uttar Pradesh from 45 years to 65 years.
The two foremost points of consideration in the Appeal were:
1) "Whether the commercial questioned in the Writ Petition is contrasted to Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short “the Reservation Act): and
2) Whether enhancement of the upper age limit for appointment to the post of Professor by direct recruitment is inverse to the Uttar Pradesh Medical Colleges Teachers’ Service (Second Amendment) Rules, 2005."
The SC Bench comprising of Hon'ble Mr. Justice L. Nageswara Rao and Hon'ble Mr. Justice Hemant Gupta also noted that the moderation was done due to the unavailability of teachers in medical colleges who are competent for the appointment of the post of professors. The reduction of upper limit age was only applicable only to those departments where 25% or more post were vacant and in respect of the other departments, the state government pronounced not to fill them up.
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