Dr. Vallapudasu Upender Babu S/O V. Dargaiah, v. The State Of Telangana, Health, Medical And Family Welfare

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.34439 OF 2017 ORDER:

This writ petition is filed to declare the action of the respondents in fixing the uniform upper age limit of 44 years in the Notification 6 of 2017 issued by the 1st respondent without considering the different upper age limits prescribed in the Special Rules, 2005 pertaining to Ayurvedic, Unani and Homeopathy Medical Services in respect of Medical Officer (contract) posts as arbitrary and illegal.

Learned counsel for the petitioners submits that as per Special Rules maximum age is 41 years and the Government has raised by 10 years in G.O.Ms.No.329, General Administration Department, dated 27-07-2015 and thereby upper age limit is raised from 34 to 44 years and the same has to be made applicable to the respondentdepartment also. Learned Government Pleader for Services submits that in view of G.O.Ms.No.329, dated 27-07-2015, maximum age was enhanced from 34 to 44 years, that is the reason why impugned notification is issued mentioning the age as 44 years.

It is to be seen that G.O.Ms.No.329, dated 27-07-2015 and G.O.Ms.No.264, dated 26-07-2016 go to show that maximum age for recruitment into service is enhanced from 34 to 44 years, which is without reference to Special Rules,

2005. In view of the same, notification is issued prescribing 44 years as maximum age for the post of medical officers. Hence, I do not see any merit in the writ petition and accordingly, the same is dismissed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 25-10-2017 Nvl