High Court of Uttarakhand · 2025

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Advocat es: Mr. Dushyant Mainali, Advocat e wit h Mr. Nikhil Bhat t , Advocat e for t he pet it ioner in WPSS Nos. 494/ 2024 and 525/ 2024 Mr. Vinay Kum ar, Advocat e for t he pet it ioner in WPSS Nos. 470/ 2024, 514/ 2024 and 524/ 2024. Ms. Anupriya Kukret i, Advocat e holding brief of Mr. M.C. Pant , Advocat e for t he pet it ioner in WPSS No. 513/ 2024. Mr. Narain Dut t Bhat t , St anding Counsel for t he St at e. Mr. Gaurav Nagpal, Advocat e holding brief of Mr. Ram j i Shrivast ava, Advocat e for t he respondent s. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUD GM EN T

1. Since com m on quest ions of law and fact are involved in t hese pet it ions, t herefore t hey are heard t oget her and are being decided by a com m on j udgm ent . However, for t he sake of brevit y, fact s of Writ Pet it ion No. 494 of 2024 ( SS) alone are being discussed and considered. I n Writ Pet it ion No. 494 of 2024 ( SS) , pet it ioner has sought t he following reliefs: “i) Issue a writ of certiorari quashing the condition no.7 of the advertisement dated 11.3.2024 (annexed at Annexure No. 1 to the writ petition) for age criteria as fixed by the respondent board in the Nursing Officer Examination 2024 as far as the maximum age limit of 42 years has been fixed. ii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the Respondent No. 4 Uttarakhand Medical Service Selection Medical Board Dehradun, to issue necessary corrigendum to the Advertisement dated 11.3.2024 by providing the relaxation in upper age limit in favor of the petitioner, who had earlier applied for the same vacancy in pursuant to the advertisement dated 12.12.2020 and 2.2.2021 by fixing the cut-off date for determination of upper age limit as provided in the said advertisement.”

2. According t o pet it ioner, she passed Diplom a course in General Nursing & Midwifery from Ganga Sheel School of Nursing, Bareilly, in Apr il, 2012; her dat e of birt h is

17.06.1981; by virt ue of academ ic qualificat ion, possessed by her, she is eligible for appoint m ent as Nursing Officer ( Fem ale) in Depart m ent of Medical Healt h and also in Depart m ent of Medical Educat ion.

3. Mode of recruit m ent and condit ions of service of Nursing Officer ( Fem ale) in aforesaid t wo depart m ent s are governed by sam e set of service Rules, nam ely, 2 Ut t arakhand Subordinat e Nurses ( Non- Gazet t ed) Service Rules, 2015.

4. Rule 15 of t he said Rules lays down t he crit eria of select ion. Earlier select ion for t he post of Nursing Officer ( fem ale) was m erit based i.e. based on perform ance of a candidat e in writ t en exam inat ion; however, t he rules were am ended in 2022 and select ion crit eria was changed as year of passing t he nursing t raining course. As per Rule 10 of t he service rules, t he upper age lim it for appoint m ent as Nursing Officer is 42 years.

5. I t is not in disput e t hat an advert isem ent was issued by Ut t arakhand Board of Technical Educat ion on

12.12.2020, pursuant t o requisit ion sent by Depart m ent of Medical Healt h, whereby 1238 vacancies on t he post of St aff Nurse ( now renam ed as Nursing Officer ( fem ale) ) , were not ified. As per t he advert isem ent , anyone, who was less t han 42 years of age as on 01.07.2020 were eligible for appoint m ent .

6. I t is t he case of all t he pet it ioners t hat t hey were wit hin age, t herefore t hey responded t o t he advert isem ent issued by Ut t arakhand Board of Technical Educat ion on 12.12.2020 and t hey were wait ing for t he select ion process t o com plet e; however, select ion process was abrupt ly cancelled on 02.02.2021 and on t hat day it self, anot her advert isem ent was issued but for t he sam e num ber of vacancies.

7. Thereaft er, a corrigendum was issued by t he select ing body i.e. Ut t arakhand Board of Technical Educat ion on 09.02.2021, whereby 1383 vacancies available in Depart m ent of Medical Educat ion were added in t he ongoing select ion process, t hus increasing t he 3 num ber of vacancies t o 2621. Thereaft er, anot her corrigendum was issued by select ing body on 17.04.2021 in which, it was provided t hat cut - off dat e for det erm ining age shall be 01.07.2020, inst ead of 01.01.2020.

8. Pet it ioner was wit hin age t erm s of t he corrigendum dat ed 17.04.2021, t herefore she was eligible. However, t he select ion process init iat ed by advert isem ent dat ed 02.02.2021 as m odified by corrigendum dat ed 09.02.2021 was also cancelled by t he select ing body i.e. Ut t arakhand Board of Technical Educat ion vide not ificat ion dat ed 13.06.2021.

9. Thereaft er, anot her advert isem ent was issued on

03.01.2023 by a different select ing body i.e. Ut t arakhand Medical Service Select ion Board, whereby 1564 vacancies of Nursing Officer available in Depart m ent of Medical Healt h and Welfare were not ified and cut - off dat e for det erm ining age was indicat ed as 01.07.2022.

10. Thereaft er, on 11.03.2024, Ut t arakhand Medical Service Select ion Board issued anot her advert isem ent for 1455 vacancies on t he post of Nursing Officer Governm ent Medical Colleges; cut - off dat e det erm ining age was indicat ed as 01.07.2023.

11. The disput e in respect of last advert isem ent issued in respect of Depart m ent of Medical Educat ion. Since all t he pet it ioners had becom e overage, wit h reference t o cut - off dat e indicat ed in t his advert isem ent , t herefore, t hey have filed t hese writ pet it ions, cont ending t hat since t he vacancies which aft er bifurcat ion were re- advert ised on 11.03.2024, were advert ised earlier also on

09.02.2021 and since cut - off dat e for det erm ining age was fixed t hat t im e as 01.07.2020, t herefore, t he cut - off 4 dat e for det erm ining t heir age should be 01.07.2020 and not 01.07.2023.

12. Learned counsel t he pet it ioners subm it t hat ident ical issue was decided in a j udgm ent dat ed

25.08.2025 rendered by coordinat e Bench of t his Court in Writ Pet it ion No. 483 of 2024 ( SS) . Para 25 and 26 of t he said j udgm ent are reproduced below: “ 25. Therefore, t his Court is of t he view t hat in t erm s of age, t he pet it ioners need prot ect ion of t he Court . Adm it t edly, all t he pet it ioners did apply pursuant t o advert isem ent dat ed 12.12.2020, w hich cont inued wit h t he advert isem ent dat ed 02.02.2021 and t he corrigendum dat ed 09.02.2021 of UBTE. Then, t he cut- off dat e for age det erm inat ion was 01.07.2020. All t he vacancies advert ised t hen have never been filled up t ill dat e. For t his, t he pet it ioners cannot be fault ed. The rules w ere changed in bet w een. Therefore, t his Court is of t he view t hat in so far as t he pet it ioners are concerned, even pursuant t o t he advert isem ent dat ed 11.03.2024, t he cut- off dat e for det erm inat ion of age should be 01.07.2020. Accordingly, t he pet it ions deserve t o be allow ed.

26. All t he w rit pet it ions are allow ed. Pursuant t o t he advert isem ent dat ed 11.03.2024 of t he Board, t he cut- off dat e for det erm ining t he age of t he pet it ioners shall be 01.07.2020. By t he int erim orders of t his Court , all t he pet it ioners w ere perm it t ed t o part icipat e in t he recruit m ent process, but it was direct ed t o t he Board t hat t heir result shall not be declared. Now, in view of t his j udgm ent , t he Board shall declare t he result of t he pet it ioners.”

13. Mr. Narain Dut t , learned St at e Counsel subm it s t hat pet it ioners earlier filed writ pet it ions, claim ing benefit of age relaxat ion in respect of vacancies of Depart m ent of Medical Healt h; pursuant t o orders passed by coordinat e Bench, pet it ioners were perm it t ed t o part icipat e in t he select ion by t reat ing t hem t o be wit hin age; however, pet it ioners were not successful and t herefore subsequent writ pet it ions filed by t hem are not m aint ainable.

14. Per cont ra, Learned counsel t he pet it ioners subm it t hat none of t he pet it ioners, except Am it a Wiliam , Hem lat a and Anuranj it a Sharm a filed writ pet it ion earlier, claim ing benefit of age relaxat ion; writ pet it ions by 5 aforesaid t hree persons, nam ely, Am it a Wiliam , Hem lat a Anuranj it a Sharm a were challenging advert isem ent dat ed

29.11.2023; t hat advert isem ent was cancelled by t he subsequent advert isem ent issued on 11.03.2024, t herefore, t he writ pet it ions filed by t hem were rendered infruct uous. Learned counsel for t he pet it ioner furt her subm it s t hat select ion process was not init iat ed pursuant t o advert isem ent dat ed 29.11.2023.

15. This Court finds subst ance in t he said subm ission m ade by learned counsel for t he pet it ioner.

16. Since t he select ion process could not be init iat ed in t erm s of advert isem ent issued on 29.11.2023, t herefore, even if som e of t he pet it ioners had earlier filed writ pet it ions, claim ing benefit of age relaxat ion pursuant t o advert isem ent dat ed 29.11.2023, t hat it self will not disent it le t hem from filing anot her writ pet it ion in respect of select ion process init iat ed subsequent ly.

17. Mr. Gaurav Nagpal, Advocat e holding brief of Mr. Ram j i Srivast ava, Advocat e appearing for Ut t arakhand Medical Service Select ion Board concedes t hat t he issue involved in t hese pet it ions is sim ilar t o t he one decided in t he said writ pet it ion.

18. Since ident ical issue was considered and decided by coordinat e Bench of t his Court in WPSS No. 483 of 2024, t herefore, t hese writ pet it ions are also decided in t erm s of t he j udgm ent dat ed 25.08.2025, rendered in Writ Pet it ion No. 483 of 2024 ( SS) . _______________________________ M A N OJ K UM A R TI W A RI , J. Dt : 22.09.2025 Mahinder MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a 18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1 BC9EA4BABA43D2B8F, cn=MAHINDER SINGH 6 7