High Court · 2025

Mr. Vinay Kum ar, Advocat e, for t he pet it ioner. Mr. Ganesh Dat t Kandpal, Deput y AG, for t he St at e. Mr. Rakshit Srivast ava, Advocat e, i/ b Mr. Ram j i Srivast ava, Advocat e for t he respondent no. 3. Mr. At ul Bahuguna, Advocat e, for t he respondent no. 4. t o Pet it ioner responded ( 2) advert isem ent dat ed 11.3.2024, issued by Ut t arakhand Medical Service Select ion Board invit ing applicat ions for t he post of Nursing Officer, Male/ Fem ale. One of t he condit ions m ent ioned in t he advert isem ent at clause 6 was t hat every candidat e m ust be regist ered wit h Ut t arakhand Nurses and Midwives t he said Council. Pet it ioner responded advert isem ent and she part icipat ed in t he select ion process, but during docum ent verificat ion, it was found t hat validit y period of pet it ioner ’s regist rat ion wit h Ut t arakhand Nurses and Midwives Council expired on 23.4.2020. On t his ground alone, pet it ioner was declared t o be ineligible. Thus feeling aggrieved, pet it ioner has approached t his Court . t o Learned Counsel for t he pet it ioner ( 3) subm it s t hat pet it ioner passed Diplom a in Nursing Course Pannadhai Ma Subharat hi Nursing College, Meerut in t he year 2014 and she got herself regist ered wit h Ut t arakhand Nurses and Midwives Council on regist rat ion cert ificat e, 24.4.2015; t hat indicat e t here was regist rat ion would be valid only for five years t he not hing t o during expired and she was inform ed t hat her regist rat ion docum ent verificat ion done by t he select ing body. He t hereaft er furt her subm it s applied for renewal of her regist rat ion on 27.6.2024 and her regist rat ion was renewed by t he Council on t he sam e day. t hat pet it ioner ( 4) Per cont ra, learned St at e Counsel t he advert isem ent , t hat , as per subm it s every candidat e m ust have valid regist rat ion wit h Ut t arakhand Nurses and Midwives Council on t he last day of subm ission of validit y of pet it ioner ’s t he applicat ion; regist rat ion expired m uch 23.4.2020, t herefore it shall be deem ed t hat on t he last dat e of subm ission of applicat ion, pet it ioner wit h Ut t arakhand Nurses and Midwives Council and t hus was ineligible for appoint m ent . regist ered earlier t he condit ion Learned Counsel for t he pet it ioner, ( 5) however, subm it s t hat since t he regist rat ion cert ificat e possessed by t he pet it ioner does it s not cont ain any st ipulat ion regarding validit y period and, earlier, t he regist rat ion once m ade wit h t he Council was t o rem ain valid during t he lifet im e of t he concerned candidat e and regarding validit y period of five years was subsequent ly int roduced in 2019. Learned Counsel t hus subm it s t hat t he rest rict ion regarding validit y period, int roduced in 2019, cannot have any applicat ion t o t he regist rat ion m ade in 2014 or any dat e before enforcem ent of t hat condit ion. Even ot herwise, he subm it s t hat once t he regist rat ion cert ificat e is renewed, even t hough aft er t he last dat e of subm ission of applicat ion, t hen t hat will relat e back t o t he dat e of regist rat ion of t he concerned candidat e wit h t he Ut t arakhand Nurses and Midwives Council and, t herefore, rej ect ion of pet it ioner ’s candidat ure is unj ust and illegal. t o The order whereby pet it ioner ’s ( 6) candidat ure was rej ect ed is on record as Annexure- 12 t he writ pet it ion. Perusal t hereof reveals t hat t he aforesaid relevant aspect s, as highlight ed by learned Counsel for t he pet it ioner, were not considered by Secret ary of t he select ing body. The law is well set t led t hat a decision t aken by t he adm inist rat ive aut horit y, wit hout considering relevant aspect s, is bad in law. Since right t o be considered for public em ploym ent is a fundam ent al right available t o every cit izen, light ly t herefore, int erfered. right cannot be t hat t o relegat ed t he pet it ioner Since relevant aspect s were not ( 7) considered by t he Secret ary of t he select ing body while holding t o be ineligible, t herefore, writ pet it ion is allowed. I m pugned order qua t he pet it ioner is set aside. The m at t er t he Secret ary of t he select ing body t o revisit t he issue in t he light of t he issues raised by t he pet it ioner, as learned Counsel discussed in t he foregoing paragraphs of t his j udgm ent . This Court hopes and expect s t hat t ake decision Secret ary concerned shall afresh wit hin four weeks from t he dat e of present at ion of t his cert ified j udgm ent . For a period of four weeks or t ill t he decision is t aken, whichever is earlier, one post of Nursing Officer shall be kept vacant . copy of ( M a n o j K u m a r Ti w a r i , J.) 6 .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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR