High Court · 2025

Mr. Vinay Kum ar, Advocat e, t he pet it ioner. Mr. Narayan Dat t , St anding Counsel, for t he St at e. Mr. Ram j i Srivast ava, Advocat e, for t he select ing body. Mr. Vij ay Bhat t , Advocat e, for t he applicant in im pleadm ent applicat ion. Heard learned Counsel ( 2) t he part ies. Mr. Vij ay Bhat t , learned Counsel for t he applicant in im pleadm ent applicat ion, was also heard on t he issues raised in t he writ pet it ion. t hat Pet it ioner ’s regist rat ion ( 3) candidat ure appoint m ent on t he post of Operat ion Theat re Technician was rej ect ed only on t he w it h ground Ut t arakhand St at e Medical Facult y was aft er t he last dat e of subm ission of applicat ion. t hat he was earlier Pet it ioner cont ends regist ered w it h Ut t ar Pradesh St at e Medical Facult y w it h effect from t he year 2014; he applied for t ransfer of his regist rat ion from Ut t ar t o 15.1.2022; Ut t arakhand St at e Medical Facult y had sent a let t er for verificat ion of pet it ioner ’s qualificat ion t o it s count erpart in t he St at e of U.P. and U.P. St at e Medical Facult y responded t o t he said let t er on 16.2.2022 and ult im at ely pet it ioner cam e t o regist ered wit h Ut t arakhand St at e Medical Facult y on 1.4.2022. Ut t arakhand Pradesh Adm it t edly, ( 4) last dat e of subm ission of applicat ion for t he post of Operat ion Technician Theat re t he

27.1.2022. Candidat ure of t he pet it ioner was rej ect ed on t he ground t hat he did not possess requisit e qualificat ion on t he last dat e of subm ission of applicat ion. Clause 6 t he advert isem ent dat ed 6.1.2022 provided t hat one should be regist ered w it h Ut t arakhand St at e Medical Facult y or Ut t arakhand Para Medical Council on t he last dat e of subm ission of applicat ion. support Learned Counsels t he ( 5) respondent s t he order dat ed 20.10.2023, whereby pet it ioner was rej ect ed. Learned Counsel for t he pet it ioner, how ever, relies upon a j udgm ent rendered by t his Court in Writ Pet it ion ( S/ S) 2331 of 2024 and ot her connect ed pet it ions. candidat ure ( 6) Learned Counsel for t he pet it ioner, however, relies upon a j udgm ent rendered by t his Court in Writ Pet it ion ( S/ S) 2331 of 2024 and ot her connect ed pet it ions. Those writ pet it ions w ere decided in t erm s of t he law declared by Hon’ble Apex Court in t he case of Laxm i Saroj v. St at e of U.P., report ed as ( 2022) 17 SCC 477. He subm it s t hat ident ical issue was dealt w it h by t his Court in t he said j udgm ent and t he only difference was t hat t he post t here was of Nursing Officer, however t he quest ion of law involved t heir was ident ical t o t hat involved t his w rit pet it ion deserves t o be decided in t erm s of t he said j udgm ent . t his writ pet it ion, t herefore ( 7) Mr. Ram j i Srivast ava, learned Counsel appearing for t he select ing body, concedes t hat t he rat io of t he j udgm ent , rendered by Hon’ble Suprem e Court in t he case of Laxm i Saroj , applies squarely t o t he fact s of t he present case. Thus he subm it s t hat he has no obj ect ion if t he writ pet it ion is decided in t erm s of t he j udgm ent dat ed 6.11.2025, rendered by t his Court in Writ Pet it ion ( S/ S) 2331 of 2024 and ot her connect ed pet it ions. pet it ion Accordingly, writ ( 8) allowed. Order dat ed 20.10.2023, passed by t he select ing body rej ect ing pet it ioner ’s candidat ure, is set aside qua t he pet it ioner. Respondent s are direct ed t o consider t he claim of t he pet it ioner for appoint m ent as per t he applicable select ion crit eria and also t o declare his result . ( M a n o j K u m a r Ti w a r i , J.) 1 8 .1 1 .2 0 2 5 Pr PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198 d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FC A58C67F3C91957BE53, cn=PRABODH KUMAR