Uttarakhand High Court
WPSS/503/2022 on 29 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 29TH DAY OF MARCH, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (S/S) No. 503 of 2022
BETWEEN:
Savitri Kharayat ...Petitioner
(By Mr. T.P.S. Takuli, Advocate)
AND:
State of Uttarakhand and Others ...Respondents
(By Mr. Anjali Bhargava, Additional Chief Standing Counsel for the
State)
JUDGMENT
According to the petitioner, she possesses
requisite academic qualification for appointment as
Health Worker, Female in Department of Medical
and Health. The training qualification was obtained
by her in the year 2009.
2. According to her, last advertisement
inviting application for the post of Health Worker,
Female, was issued in the year 2016 and some
appointments were made. Subsequently in the year
2018, another advertisement was issued which was
subsequently withdrawn, therefore, selection
process could not be held. Now, Uttarakhand
Medical Service Selection Board has issued an
advertisement on 15.03.2022 inviting applications
against 824 vacancies on the post of Health Worker,
Female, in which upper age limit is mentioned as 42
years. However relaxation of one year has been
granted in upper age limit, in terms of Government
Order dated 26.07.2021.
3. Learned counsel for the petitioner submits
that due to inaction on the part of the Departmental
Authorities in holding selection in time, valuable
right to be considered for appointment available to
every citizen cannot be taken away. He further
submits that petitioner was within prescribed age
limit up to the year 2020. However due to inaction
on the part of Authorities in holding selection in
time, this valuable right of the petitioner is being
denied to her.
4. Learned counsel has also referred to
provisions contained in relevant recruitment rules,
particularly Rule 14 thereof, which provides that
appointing authority shall determine and notify to
the Employment Exchange the number of vacancies
to be filled during the course of the year. Based on
the said provision, he submits that Appointing
Authority was under a statutory duty to determine
the vacancies occurring during the course of one
selection year and notify those vacancies to the
selecting body to ensure that selection is made on
year to year basis.
5. Without expressing any opinion on the
merits of the case, this Court thinks that ends of
justice would be met if petitioner is permitted to
approach the Secretary, Department of Medical
Health, by making a representation, who shall
examine the matter and take appropriate decision
thereupon within some stipulated time.
6. Accordingly, the writ petition is disposed
of with liberty to petitioner to make representation
to Secretary, Department of Medical Health and
Family Welfare. If petitioner makes such
representation within ten days from today, decision
thereupon shall be taken within four weeks
thereafter.
7. In the meantime, petitioner shall be
permitted to submit her application form and to
participate provisionally in the selection process.
(MANOJ KUMAR TIWARI, J.)
Shubham
