Uttarakhand High Court
WPSS/515/2022 on 30 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 30TH DAY OF MARCH, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (S/S) No. 515 of 2022
BETWEEN:
Munni Adhikari. ....Petitioner
(By Mr. Prabhat Bohra, Advocate)
AND:
State of Uttarakhand & others. ...Respondents
(By Mr. V.S. Rawat, Standing Counsel for the State of
Uttarakhand/respondent nos. 1 & 2 and Mr. Ramji Srivastava,
Advocate for respondent no. 3)
With
Writ Petition (S/S) No. 516 of 2022
BETWEEN:
Sangeeta Rawat & others. .....Petitioners
(By Mr. Navnish Negi, Advocate)
AND:
State of Uttarakhand & others. ...Respondents
(By Mr. V.S. Rawat, Standing Counsel for the State of
Uttarakhand/respondent nos. 1, 2 & 4 and Mr. Ramji Srivastava,
Advocate for respondent no. 3)
JUDGMENT
Heard learned counsel for the parties
2. Since common questions of law and fact
are involved in these writ petitions, therefore are
being taken up together and are being decided by
this common judgment. However, for the sake of
brevity, facts of WPSS No. 515 of 2022 are being
considered.
3. By means of this writ petition, petitioner
has sought following reliefs:-
"i) Issue a writ, order or direction in the
nature of certiorarified mandamus quashing the
effect and operation of condition of upper age
limit as 42 years on applying for the post of
Health Worker (Female) in condition no. 7 of
the advertisement dated 15.03.2022
(Annexure No. 1 to this writ petition).
ii) Issue a writ, order or direction in the
nature of mandamus commanding and
directing the respondents to grant age
relaxation to the petitioner in the upper age
limit criteria for one month and twelve days
such that petitioner can also submit her online
application for the post of health Worker
(Female) in ongoing recruitment process.
iii) Issue a writ, order or direction in the
nature of mandamus commanding and
directing the respondent no. 1 to decide the
representation of petitioner dated 22-03-2022
in a time bound manner in light of 14 years of
services as contractual Health Worker (Female)
in order to avoid undue hardships to the
petitioner.
Alternative Prayer
iv) Issue a writ, order or direction in the
nature of mandamus commanding and
directing the respondents to regularize the
petitioner's service as Health Worker (Female)
in contractual capacity with all consequential
benefits."
4. According to the petitioner, she is
eligible for appointment on the post of Health
Worker (Female) in Department of Medical Health
and Family Welfare, Uttarakhand. According to
her, an advertisement was issued by respondent
no. 2 on 07.03.2018, whereby 380 vacancies on
the post of Health Worker (Female) were
advertised. The said advertisement, however, was
subsequently withdrawn by State Government, in
the year 2020.
5. Now, a fresh advertisement has been
issued by Uttarakhand Medical Service Selection
Board, Dehradun, on 15.03.2022, whereby 824
vacancies have been notified.
6. According to the petitioner, the
vacancies notified by fresh advertisement include
380 vacancies, which were notified in 2018.
7. Grievance of the petitioner is that in
2018, when earlier advertisement was issued, she
was within age, as prescribed in the advertisement
however, at the time when fresh advertisement was
issued, she has become overage.
8. According to the petitioner, eligibility of a
candidate cannot be taken away due to inaction on
the part of the authorities in holding selection, in
time. Reference has been made to Rule 14 of
Uttarakhand Medical Health and Family Welfare
Health Worker and Health Supervisor (Male and
Female) Service Rules, 2016. Rule 14 provides that
Appointing Authority shall determine number of
vacancies to be filled during the course of a year and
intimate to Director General.
9. Learned counsels for the petitioners
contend that provision contained in Rule 14 has
been violated, inasmuch as, year-wise determination
of vacancies was not done, which resulted in
inordinate delay in issuance of advertisement,
consequently, petitioners have become overage,
therefore, they are entitled for age relaxation.
10. Since decision regarding age relaxation
has to be taken by the employer and this Court
cannot direct to grant relaxation in the condition
regarding upper age limit, therefore, this Court
thinks that ends of justice would be met if
petitioners are permitted to make representation(s)
to Secretary, Department of Medical Health and
Family Welfare, Uttarakhand seeking age relaxation.
11. Accordingly, writ petitions are disposed of
with liberty to petitioners to make representation(s)
to Secretary, Department of Medical Health and
Family Welfare, Uttarakhand. If petitioners make
such representation(s) to concerned Secretary,
within ten days from today, decision thereupon shall
be taken within six weeks thereafter.
12. In the meantime, petitioners shall be
permitted to submit their application forms and to
provisionally participate in selection process, which
shall abide by decision on their representation(s).
(MANOJ KUMAR TIWARI, J.)
Navin
