Relief: Age limit of Senior Residency increased in the new NMC TEQ rules

New Delhi: Comprehensively defining the future of the career of medical academia in India, the National Medical Commission has released the draft Teachers Eligibility Qualifications Regulations 2021 (TEQ). Among other things the new draft TEQ regulations provide relief on the upper age limit of the senior residentship increasing the same from maximum of 40 years to now "below 45 years of age at the time of initial appointment"

Senior Resident-ship (SRship) is a necessary entry point to medical academics in India. Section 6 of the TEQ 2021 specify the Norms for Faculty Appointment and Promotion. For Broad Specialities, it defines Senior Resident as Following

Senior Resident is one who is doing his residency in the concerned post graduate subject after obtaining PG degree (MD/MS/DNB). The post of senior resident is a tenured position not exceeding 3 years. The graduate must be below 45 years of age at the time of initial appointment

Similar in case of Super Specialisations, a senior resident has been defined as 

Registered to pursue DM/M.Ch in the concerned subject.
OR
MD/MS/DNB qualified graduates in the concerned broad specialty and this post of senior resident is a tenured position not exceeding 3 years. The graduate must be below 45 years of age at the time of initial appointment

The Journey to an increased Age limit of SR-ship

Medical Dialogues had earlier reported that in 2017, the Medical Council of India had amended the Teachers eligibility Qualifications Rules (TEQ), prescribing the maximum age limit as 40 for posting as a senior resident.

Medical Fraternity had also shown strong objection to this clause that set up a new maximum age limit of 40 years, for those who wish to join Senior Resident-ship, a necessary entry point to medical academics. Doctors pointed out that on the face of acute shortage of medical faculties, while the government was increasing the retirement age of teachers and increasing the student: faculty ratio in medical colleges to add more seats, on the other hand, it was limiting many medical practitioners beyond 40 years, from joining medical academia.

In 2018, Various doctors filed a petition (PIL) in the Madras High Court against a clause of the Medical Council of India which prescribes 40 as the maximum age limit for appointment to the post of senior resident or assistant professor in medical colleges. Doctors in their petition asked the court to declare the MCI legislation "unconstitutional, ultra vires, discriminatory and illegal"

The matter was then referred by the state HC and the government to the Medical Council of Indian Board of Governors and was brought up in the BOG meeting that was held in April 2019. The MCI BOG decided to accept the Tamil Nadu govt request and raise the age limit of SR ship to 45 years.

The Board of Governors decided to accept the request of State Government of Tamilnadu and raise the maximum age for Senior Resident from 40 years to 45 years in the Minimum Qualifications for Teachers in Medical Institution Regulations, 1998 for both government and private Medical Colleges and Hospitals. Necessary proposal for amendment in Regulations be placed for approval of the Central Government.

With the MCI being dismantled and now being replaced with the NMC, the new apex regulator has taken the decision forward and the same is now reflected in the new draft of TEQ rules