Uttarakhand High Court
WPSS/506/2024 on 10 April, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes, reports,
orders or proceedings
1SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No.506 of 2024
Hon'ble Pankaj Purohit, J.
1. Mr. Vinodanand Barthwal, learned counsel
for the petitioners appearing through video
conferencing.
2. Mr. Narayan Dutt, learned Standing
Counsel for the State.
3. Mr. Nishant Krishna Adhikari, learned
counsel holding brief of Mr. Ramji Srivastata,
learned counsel for respondent no.3-Selecting
Body.
4. Heard learned counsel for the parties.
5. Since petitioner no.2 did not respond to
the advertisement issued by respondents in the
year 2020 despite her being eligible so far as
upper age limit is concerned, therefore, the writ
petition is being withdrawn by the learned
counsel for the petitioner.
6. Accordingly, the writ petition of petitioner
no.2 is hereby dismissed as withdrawn.
7. So far as petitioner no.1-Jyoti Massey is
concerned, she has submitted her candidature
pursuant to the advertisement of 2020 but
since that advertisement did not result into
recruitment and in between no other
advertisement was issued except the present
one, petitioner no.1 (now the sole petitioner) is
entitled to get the relaxation in the age in view
of the judgment passed by this Court in WPSS
No.134 of 2023.
8. The writ petition has been filed by the
petitioner seeking indulgence of this Court to
quash condition no.7 of the advertisement
dated 11.03.2024 issued by Uttarakhnd Medical
Service Selection Board, Dehradun whereby the
cut off date for consideration of the upper age
limit is fixed as 01.07.2023 and further for a
direction to the Selecting Body to issue
necessary corrigendum to the aforesaid
advertisement providing relaxation in the upper
age limit to the petitioner who had earlier
applied but due to reasons known to the
respondents no selection has been held.
9. However, objection has been made on
behalf of the learned counsel for the respondent
no.3-Selecting Body that petitioner shall not be
extended the benefit of discretionary
jurisdiction by this Court for the reason that last
date of submission of application form pursuant
to the advertisement dated 11.03.2024 was
01.04.2024 and the petitioner is knocking the
door of this Court after so many days.
10. Objection raised by the respondent no.3-
Selecting Body is rejected simply for the reason
that from the perusal of the record, it appears
that the writ petition was filed by the petitioner
on 21.03.2024 well in time and thereafter there
were Holi Vacations and the Court opened only
on 01.04.2024. On 03.04.2024, the petitioner
sought time to bring on record the fact that she
submitted her candidature in the year 2020 and
was issued an Admit Card. Today, said
information is placed on record vide a
supplementary affidavit dated 05.04.2024.
11. It is the case of the petitioner that the
advertisement of 2018 was withdrawn by the
respondents in the year 2020. As per High
School certificate date of birth of petitioner is
14.01.1980 during earlier advertisement in the
year 2018 age of petitioner was 38 years. An
advertisement was issued on 15.03.2024. Only
for one year general age relaxation on account
of COVID-19 was provided to all the candidates
vide Government Order No.191/XXX(2)/2021-
30(10)/2019 dated 26.07.2021 and after
applying this relaxation, petitioner is overage
by one year.
12. It is submitted by the learned counsel for
the petitioner that the impugned advertisement
dated 11.03.2024 issued by the respondents-
selecting body is for supplying the 1455
vacancies of the nursing officers for
Government Medical Colleges.
13. The grievance which has been canvassed
by the petitioner is that since 2020 no vacancy
has ever been advertised for the post of nursing
officers in Government Medical Colleges. It is
pointed out by the learned counsel for the
petitioner that the vacancies which were
advertised by advertisement dated 03.01.2023
were meant for Government Hospitals and,
therefore, the ratio of the judgment which has
been decided by this Court in Writ Petition
(S/S) No.134 of 2023 and batch of writ
petitions would be applicable to the case of the
petitioner as well.
14. Having considered the submission made
by the learned counsel for the petitioner, this
Court is of the opinion that the ratio of the
aforesaid judgment will be applicable to the
petitioner inasmuch as the vacancies for the
Medical Colleges were never been advertised
since 2020 and now. Petitioner became over
age.
15. Learned counsel for the respondent(s)
prays for and is granted six weeks time to file
their counter affidavit(s).
16. Two weeks time is granted to the learned
counsel for the petitioner(s) to file rejoinder
affidavit(s).
17. In the meantime, it is provided as an
interim measure, that the selecting body shall
consider the candidature of the petitioner for
the posts of Nursing Officer in Government
Medical College pursuant to impugned
advertisement dated 11.03.2024 and her
application forms shall be accepted on
producing e-copy/certified copy of this order.
She shall be permitted to participate in the
examination for selection on the post of Nursing
Officer Government Medical College as per
advertisement dated 11.03.2024; her selection
shall be subject to the order passed by this
Court and her result shall not be declared.
18. List this case on 07.08.2024.
(Pankaj Purohit, J.)
10.04.2024
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