Uttarakhand High Court
WPSS/1897/2025 on 13 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:10030
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS No. 1894 of 2025
WPSS No. 1895 of 2025
WPSS No. 1896 of 2025
WPSS No. 1897 of 2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Nivesh Bahuguna, Advocate for
the petitioners.
2. Mr. Narayan Dutt, Standing Counsel
for the State of Uttarakhand.
3. Mr. Gaurav Nagpal, Advocate,
holding brief of Mr. Ramji Srivastava,
Advocate for the respondent no. 4.
4. Since common questions of fact and
law are involved in these petitions,
therefore, these petitions are clubbed
together and decided by this common
judgment. However, for the sake of
brevity and convenience, facts of WPSS
No. 1894 of 2025 alone are being
considered and discussed.
5. Petitioner possesses Diploma in
Pharmacy, which makes him eligible for
appointment as Pharmacist in Department
of Medical Health and Department of
Medical Education. As per the applicable
Service Rules, the upper age limit of
appointment as Pharmacist is 42 years.
Since petitioner has crossed the upper age
limit of 42 years, therefore, he has filed
this writ petition, seeking the following
reliefs:-
"(i) Issue any writ, order or direction in the
nature of mandamus commanding and directing the
respondents to permit the petitioner to participate in
the selection process pursuant to Advertisement
dated 19th October 2024, (Annexure no 2 to the
2025:UHC:10030
Writ Petition) in as much as the selection as to be
made as per the merit and seniority of the year of
passing in Diploma Examination.
(ii)Issue any writ, order or direction in the
nature of mandamus commanding and directing the
respondents to grant relaxation in the upper age
limit to the petitioner as per Rule-3 of the
Uttarakhand Public Service (Relaxation in Age Limit
For Recruitment) Rules, 2003 (Annexure no. 3 to
the Writ Petition) for participating in the Pharmacists
Examination-2024"
6. Learned counsel for the petitioners
submits that identical issue was decided
by this Court in WPSS No. 2090 of 2024
and other connected petitions. He submits
that the present writ petition deserves to
be decided in terms of the order passed in
the said writ petition.
7. Learned counsel for the Selecting
Body and also the State Counsel admit
that the issue involved in that writ petition
is identical to the one involved in these
petitions. They, however, raised an
objection that petitioners are fence-sitters
and they did not approach this Court in
2024 when advertisement was issued.
8. Admittedly, the advertisement was
issued on 19.10.2024, therefore, the delay
in filing these writ petitions by the
petitioners cannot be said to be inordinate.
9. Since identical issue has been
decided by this Court, the writ petitions
are also decided in terms of the order
dated 07.10.2025 passed in WPSS No.
2090 of 2024.
(Manoj Kumar Tiwari, J.)
13.11.2025
Navin
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Date: 2025.11.14 09:52:05 +05'30'
