Contractual Dental Surgeon – Age Limit Relaxation for MPSC Recruitment

The respondents who were possessing the requisite qualifications and in-service Dental Surgeons working on contract basis, were not called for interview since preference was given to higher qualification in the short-listing of large number of applications.

Rule 4.2 of the Advertisement Notice provided that the upper age limit of 35 years shall not apply to the employees in the service of the Government of Maharashtra.

The core questions that would therefore, arises for consideration in this case is as to whether, by virtue of their contractual services as Dental Surgeon pursuant to their appointments in posts made available under the centrally sponsored scheme, viz., National Health Mission, whether the Original Applicants/private Respondents herein would be automatically entitled to exemption of the upper age limit criteria of 35 years as prescribed in Rule 3(b)(i) of the Rules of 1990 read with Clauses 4.1 and 4.2 of the Advertisement Notice dated 31st July 2015.

from a scrutiny of the appointment orders as well as the certificates issued to the Original Applicants, we find that those were issued by the Medical Superintendent of the Government Hospitals. Not only that the service of the Respondents were also availed in the hospitals established by the Government of Maharashtra for the benefit of the common public. Therefore, it is clear that Respondents have been discharging their duties in the Government establishment and, hence, were in the service of the Government. If that be so, in our considered opinion, they be entitled for exemption of upper age limit prescribed by Rule 3(b)(i).

In view of the Government Resolution dated 14th March 2024, which has also been relied upon the by Learned Tribunal, we are of the un-hesitant opinion that the Original Applicants, having served the State under the National Health Mission Scheme, were entitled to age relaxation, at least for the period of service rendered by them. If such a criteria is applied to the Original Applicants/Private Respondents herein, each of the three Original Applicants would undoubtedly meet the age criteria as on 1st November 2015. As such, their candidature could not have been rejected by the MPSC on the ground that the Original Applicants were over-aged.

Judgment dated 9.7.2026 of the High Court of Bombay in Writ Petition No.1208 of 2025 of Maharashtra Public Service Commission   Vs.  Dr. Jagidhs Anandrao Bhalerao and others with connected writ petitions.

MPSC Advertisement & Selection for Regular Posts of Dental Surgeons in the Government Hospitals – Age Limit Exemption – The Dental Surgeons working on contract basis under NHM in government hospitals are entitled to exemption of upper age limit under Rule 3(b)(i) of the Directorate of Health Services Recruitment Rules, 1990

Contractual Dental Surgeons under NHM and working in the government hospitals are in the service of “Government” for age limit exemption.

Bombay HC – Contractual NHM Dental Surgeons Entitled to Age Limit Exemption in Government / MPSC Recruitment for Regular Posts