A division bench comprising Justice S Manikumar and Justice Subramonium Prasad said, “The Government has decided to increase the upper age limit for appointment to the post of Assistant Surgeon (dental). The Tamil Nadu Public Service Commission has given the concurrence with minor change. In the above said circumstances, it is for the Government of Tamil Nadu to amend the rules and accordingly issue the notification.”
The bench on directing Government Pleader T N Rajagopalan to inform the orders of the court for compliance in letter and spirit within the said period, posted the matter on October 03.
The plea moved by a bachelor’s degree holder in Dental Surgery, had sought to declare Rule 7 of the Special Rules for Tamil Nadu Medical Service and Section 21 of Tamil Nadu Medical Service as illegal and unconstitutional.
He said the upper age limit for Assistant Surgeon (General) is 35 years, whereas the upper age limit for Assistant Dental Surgeon is 30 years. Fixation of age limit for two interdisciplinary posts has no rational nexus with the object sought to be achieved by the government and therefore the impugned rules are violative of Article 14 of the Constitution.
However, with the government pleader submitting that the government on examining the proposal in this regard by Director of Medical and Rural Health Services have decided to increase the upper age limit and concurrence awaited from TNPSC, the bench on suo motu impleading TNPSC and finding that concurrence has been issued with minor change, directed the State to amend the rules.