Comments invited: Bihar moves to create separate Medical Education Service Cadre rules for appointment of Resident Doctors,Medical Faculty

Patna: Through a recent notification, the health department of Bihar has recently notified the draft Senior Resident, Tutor and Bihar Medical Education Service Cadre Recruitment Appointment and Promotion Rules, 2019

The rules lay down the structure of the Bihar Medical Education Services Cadre as well as the process of recruitment and appointment against the existing vacancy of Senior Resident, Tutor of and of the post enumerated in Rule-3 has commenced with the issuance of advertisement, it shall be completed under earlier Rules/Orders as if these Rules have not come into force.

Bihar Medical Education Service cadre shall be separate service cadre from the Bihar Health Services Cadre, the notification stated. The rules can be accessed here

The health department has also invited comments/suggestions on the draft which can be sent to the email js.health@bihar.gov.in. The last date of submission of comments suggestion is 20/11/2019

The following posts of Medical Colleges and Directorate in the Department of Health and Medical Education shall comprise of Bihar Medical Education Service Cadre:-

• Assistant Professor
• Associate Professor
• Professor
• Any other post which may be included in the cadre by issuance of notification by the State Govt. from time to time. ,
• Posts of Medical Education Directorate Which may be filled from the members of Medical Education Cadre

  • Deputy Director
  • Additional Director and Additional Director -cum-Controller of Examination.
  • Director
  • Director-in-Chief

Bihar Medical Education Service cadre shall be separate service cadre from the Bihar Health Services Cadre.

• • Doctors of Bihar Health Service working on regular basis shall not be eligible for this tenure post.

The rules lay down various criterias including the age, minimum qualifications, reservations and conditions of appointment to various posts including Junior Resident, Senior Resident, Assistant professors, etc while also spelling out the conditions for promotions from one post to another. The rules also lay down criteria to govern the seniority, reservtions and transfer of medical education personell.

• • Criteria for Age- The maximum age limit for appointment on the post of Junior Resident shall be 37 years for unreserved category, 40 years for backward class/ extremely backward class, 40 years for women (unreserved, backward/extremely backward class) and 42 years for Scheduled Castes/Scheduled Tribes (Men and Women). For the purpose of determining age, 1st August of the concerned year of vacancy shall be deemed to be the cut off date. Criteria for age fixed by the General Administration Department in this regard shall spontaneously be applied to this Rules.4. The posts described in Rule-3 above, which are included in the newly created cadre, may be re-fixed or revised as per the criteria time-to-time laid down by the M.C.I.

• Junior Resident

  • The posts of Junior Resident in the Govt. Medical Colleges shall be tenure teaching posts of one years duration. Appointment on the tenure posts shall be done on the basis of criteria/conditions laid down hereafter.

    Conditions of appointment to tenure posts-

• The minimum educational qualification for the post of Junior Resident shall be a MBBS degree. Any amendment made by M.C.I. regarding qualifications for appointment shall be considered to be automatically incorporated in this rule.
• Any person, if appointed to any tenure post can hold the post of one term only. There can not be any appointment on the same tenure post for more than one term.
• After expiry of the tenure period, the holders of the post shall cease to hold the post and shall have no claim for continuing in the said tenure post or any other post unless they are appointed afresh to any post in accordance with these rules

Criteria

(Î) The panel shall be prepared every year for the tenure posts by the Medical Education Directorate or any other organisation decided by the Govt. The validity of the panel shall be of one year.The evaluation of points for preparation of inter-se-merit position shall be done on the basis of academic achievements as given in Annexure-A to this rule.(ii) The tenure posts of Jr. Residents will not considered to be the posts of Medical Education Cadre as defined in Rule 3 above.

3. Reservation- Reservation shall be provided against these posts as applicable in the State Government from time to time.

Senior Resident/Tutor

5. The posts of Senior Resident/Tutor in the Medical Colleges will be tenure posts of three years duration.

Appointment on the tenure posts shall be done on the basis of criteria/conditions laid down hereafter.

Conditions of appointment to tenure posts-

The minimum educational qualification for the post of Senior Resident/Tutor shall be as per the recommendation of M.C.I. Any amendment made by M.C.I. regarding qualifications for appointment shall be considered to be automatically incorporated in this rule.

• Any person, if appointed to any tenure post can hold the post of one term only. There can not be any appointment on the same tenure post for more than one term.
• Those who have earlier at any time held the tenure post of Senior Resident/Tutor shall not be eligible to apply for the present post of Senior Resident/Tutor.

(c ) In case of an applicant applying in more than one subject, he/she must state his preference in order of his choice of subject.

(d) After expiry of the tenure period, the holders of the post, who are members of the Bihar State Health Service Cadre, shall automatically cease to be a holder of the tenure post and shall revert back to the parent cadre. Those doctor who are not members of the Bihar State Health Service Cadre, on completion of their tenure, shall cease to hold the post and shall have no claim for continuing in the said tenure post or any other post unless they are appointed afresh to any post in accordance with these Rules.(e) Those who are unauthorized absent from duty without any lnformation for fifteen or more than fifteen days continuosly, their tenure appointment shall be end automatically and those tenure post of Senior Resident/Tutor will be treated as vacancy

Criteria for Age - The maximum age limit for appointment on the post of Senior Residents/Tutors shall be 45 years for all categories. Any amendment made by M.C.I. regarding Age for appointment shall be considered to be automatically incorporated in this rule

Criteria-

• The panel shall be prepared every year for the tenure posts by the Directorate, Medical Education or any other organisation decided by the The validity of the panel shall be of one year.

The evaluation of points for preparation of inter-se-merit position shall be done by the Board on the basis of academic achievements as given in Annexure-B to this rule.

• The tenure posts of Senior Residents/Tutors shall not considered to be the posts of Medical Education Cadre as defined in Rule 3 above.

8. Reservation - Reservation shall be provided against these posts as applicable in the State Government from time to time.(Regarding Age, these provisions shall not be applicable)

Appointment in the Service Cadre

9. Appointment —

• Entry into the Bihar Medical Education Service Cadre shall be on the post of Assistant Professor as per conditions and criteria laid down by the State Government from time to The State Government shall make appointments to this post from a panel prepared by the Commission in accordance with the procedure laid down in Annexure-C to this Rule.

• The appointing authority, after calculating the vacancy on the basis of position as on 1st April of the Year and getting roster cleared, shall send rerservation category wise requisition to the Commission through General Administration Department by 30th April.
• The State Government shall fill up the vacancies from the panel follow the provisions in accordance with the procedure laid down in Annexure-C to this Rule to fi11 up vacancies on the basis of prepared panel by the commission as per the criteria laid down in Annexure-C.

(iv) Eligibility-

• For appointment to the post of Asistant Professor, it shall be essential for the candidates to have P.G. Degree in specified subject and one years teaching experience as Senior Resident or Tutor in specified subject after post Any amendment made by the M.C.I. from time to time regarding eligibility for appointment shall be considered to be automatically incorporated in this rule.
• In superspeciality departments the duration of DM/MCh degree course shall be counted against the eligibility period as prescribed in the sub-rule-above.
• The maximum age limit for entry into Assistant Professor for those belonging to undeserved category shall be 45yrs, for Backward and Extremely Backward Classes 50yrs, for Women (Undeserved, Backward and E.B.Cs) 50 yrs and for Scheduled caste and Scheduled Tribes 50 yrs

For the purpose of determining age, 1st August of the concerned year of vacancy shall be deemed to be the cut off date. Any amendment from time to time made by General Administration Department regarding this shall be considered to be automatically incorporated in this rule.

Confirmation

10. Confirmation:- Confirmation on the post of Assistant Professor will be done after two years of satisfactory service (viz. departmental clearance and Regular service) as Assistant professor.

Promotions

11. Promotions :
12. Regular Promotion from the post of Assistant Professor to the post of Associate Professor and from Associate Professor to Professor will be given in their respective speciality and super speciality concerned by taking into account the Principle of Seniority cum merit, teaching experience etc, in accordance with the mandatory regulation of the M.C.I.
13. (i) Tenure of service : mandatory tenure of service for Regular Promotion from the post of Assistant Professor to the post of Associate Professor and from Associate Professor to Professor shall be following:

• 11. Department	Assistant Professor to	Associate Professor to
      	Associate Professor	Professor
      Speciality Department	04 (Four) Year	03 (Three)year
      Super Speciality Department	02 (two) year	03 (Three) Year

• Any amendment made by MCI regarding Time period for Regular Promotion shall be considered to be automatically incorporated in this rule.

  • Those medical teachers, who are eligible for financial progression in accordance with provisions of State Government, shall be eligible for Dynamic Assured Career Progression Scheme.
  • For Promotions under the dynamic ACP scheme or under the need based post system, recommendation of the Departmental Promotion Committee, constituted under the Chairmanship of the Development Commissioner, would be For promotions against the teaching positions, evidence of academic work in accordance with the MCI guidelines would be essential in addition to the usual requirements prescribed by the Government from time to time.
  • Other eligibilities for regular promotion shall be accordance with up-to-date MCI provisions/guidelines and Any amendment made by MCI from time to time regarding this shall be considered to be automatically incorporated in this rules.

  1. In case of exigency or non-availability of suitable doctors to be appointed/promoted on the aforesaid posts, the Government can make appointment on contract basis for a limited period from outside sources.
  2. Those promotions will be permissible if there is no pending disciplinary proceeding after issuance of charge- sheet against the Other rules and regulation for promotion in State Govt. will also be applicable.
  3. (i) Principal and Superintendent of Medical College Hospital: Appointment to these post shall be made through selection. The Government will have an option to appoint a suitable person from outside the cadre if he possesses the requisite qualifications as prescribed by the Government and the Basic eligibility criterias fixed by MCI from time to time shall required for appointment to the post of Principal and Superintendent.

  • Deputv Director/ Additional Director/ Additional Director-cum-Controller of Examination/ Director/ Director-in-chief: Appointment to these post shall be made by selection, if he possesses the requisite qualifications as prescribed by the Government and the MCI
  • The process for the selection for appointment to the post of Principal/ Superintendent/ Deputy Director/ Additional Director/ Additional Director-cum- Controller of Examination/ Director/ Director-in-chief shall be fixed by Government.
  • Appointment to above posts will be made for three Afterwards extension will be given for one year with maximum two time and till the age of 70 years.

  • Reservation: Reservation shall be provided against these posts as applicable in the State Government from time to time.
  • For the purpose of determining age, 1st August of the concerned year of vacancy shall be deemed to be the cut off date. Any amendment time to time made by General Administration Department regarding this shall be considered to be automatically incorporated in this rules.
  • For the appointment to Principal/Superintendent/ Deputy Director/ Additional Director/ Additional Director-cum-Controller of Examination/ Director/ Director-in- chief by selection through open advertisement, there

  Shall be a selection committee consisting of the following members:

  1. Development commissioner	- Chairman
     Additional Chief Secretary/ Principal Secretary	- Member Secretary
     Representative for Women (Officer of the level of Joint Secretary or Above)	- Member
     Representative for SC & ST class (Officer of the level of Joint Secretary or Above)	- Member
     Representative for Minority class (Officer of the level of Joint Secretary or Above)	- Member
     Director-in-chief, Medical Education, Health Department	- Member
     Two Specialists from the field of Medical Education - Member (Nominated by State Government)	- Member

CRITERIA FOR APPOINTMENT OF JUNIOR RESIDENT AT THE MEDICAL COLLEGE HOSPITAL

Evaluation of marks as indicated below will be allotted for determining the comparative merit of candidates:

• One mark shall be deducted for each failure in MBBS Examiniation.
• Cut off marks for appointment shall be 30 (Thirty).

CRITERIA FOR APPOINTMENT AS SENIOR RESIDENT/TUTOR IN THE GOVERNMENT MEDICAL COLLEGE HOSPITAL

(1) Marks as indicated below shall be allotted for determining the comparative merit of candidates:

• One mark shall be deducted for each failure in MBBS Examination
• Cut off marks for appointment shall be 30 (Thirty).

CRITERIA FOR APPOINTMENT OF ASSISTANT PROFESSOR AT THE MEDICAL COLLEGE

• Assistant Professor being the first permanent teaching post, selection is to be made very carefully. Evaluation of marks as indicated below will be allotted for determining the comparative merits of candidates:

• One mark shall be deducted for each failure in MBBS Examination
• Cut off marlcs for appointment shall be 30 (Thirty).