Illegal tenure row: Bombay HC hears plea against Goa dental college dean's post-retirement continuance

Panaji: The Bombay High Court recently heard a plea challenging the continued tenure of the dean of Goa Dental College and Hospital, with the petitioners alleging that she 'illegally' held the administrative post beyond the age 62 of superannuation. The doctor who turned 65 this month has been serving as dean since 2017.

According to the TOI report, the petition, submitted by a group of doctors from the college, claimed that the concerned doctor has held the position of dean since 2023 in violation of the Fundamental Rules and the Goa State Civil Service (Retirement) Rules, 2000. They sought directions to government to discontinue her services

The petitioners argued that the order dated May 27, 2020, which purported to redesignate the post as “dean-professor emeritus,” was never approved by the personnel department, nor were the recruitment rules formally amended.

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The petition further alleged that the dean herself initiated a proposal to amend the rules after the filing of the petition, effectively acting in her own interest to validate her continued tenure.

The petitioners stated that, according to rules, a teaching medical officer holding an administrative post shall retire at the age of 62 years. However, in the event the medical officer wants to continue teaching, he/she shall seek a fresh appointment as a teacher till the age of 65, but will not be able to hold any administrative posts, according to TOI.

The petitioners contended that the role of dean is administrative in nature, involving significant managerial responsibilities, and therefore doctor should have retired from the position at 62. While she could have remained a teacher until age 65, she should not have continued as dean.

The petition also highlighted that she has been officiating as dean since 2017, and it remains unclear how the government allowed her to continue in the role despite the eligibility rules. The petition warns that permitting officials to hold posts beyond retirement age could have a “domino effect,” potentially limiting opportunities for younger officers and impacting their career progression.

It also contended that such practices are “discriminatory and partisan,” undermining junior officers’ morale. The matter is now pending before the court for further hearing.

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