Uttarakhand High Court
WPSS/2003/2023 on 18 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:10229
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS 2003/2023
Hon'ble Manoj Kumar Tiwari, J.
Mr. Vinay Kumar, Advocate, for
the petitioner.
Mr. Narayan Datt, Standing
Counsel, for the State.
Mr. Ramji Srivastava, Advocate,
for the selecting body.
Mr. Vijay Bhatt, Advocate, for the
applicant in impleadment application.
(2) Heard learned Counsel for the
parties. Mr. Vijay Bhatt, learned Counsel for
the applicant in impleadment application,
was also heard on the issues raised in the
writ petition.
(3) Petitioner's candidature for
appointment on the post of Operation
Theatre Technician was rejected only on the
ground that his registration with
Uttarakhand State Medical Faculty was after
the last date of submission of application.
Petitioner contends that he was earlier
registered with Uttar Pradesh State Medical
Faculty with effect from the year 2014; he
applied for transfer of his registration from
Uttar Pradesh to Uttarakhand on
15.1.2022; Uttarakhand State Medical
Faculty had sent a letter for verification of
petitioner's qualification to its counterpart
in the State of U.P. and U.P. State Medical
Faculty responded to the said letter on
16.2.2022 and ultimately petitioner came to
be registered with Uttarakhand State
Medical Faculty on 1.4.2022.
(4) Admittedly, the last date of
submission of application for the post of
Operation Theatre Technician was
2025:UHC:10229
27.1.2022. Candidature of the petitioner
was rejected on the ground that he did not
possess requisite qualification on the last
date of submission of application. Clause 6
of the advertisement dated 6.1.2022
provided that one should be registered with
Uttarakhand State Medical Faculty or
Uttarakhand Para Medical Council on the
last date of submission of application.
(5) Learned Counsels for the
respondents support the order dated
20.10.2023, whereby candidature of
petitioner was rejected. Learned Counsel
for the petitioner, however, relies upon a
judgment rendered by this Court in Writ
Petition (S/S) 2331 of 2024 and other
connected petitions.
(6) Learned Counsel for the petitioner,
however, relies upon a judgment rendered
by this Court in Writ Petition (S/S) 2331 of
2024 and other connected petitions. Those
writ petitions were decided in terms of the
law declared by Hon'ble Apex Court in the
case of Laxmi Saroj v. State of U.P.,
reported as (2022) 17 SCC 477. He submits
that identical issue was dealt with by this
Court in the said judgment and the only
difference was that the post there was of
Nursing Officer, however the question of law
involved their was identical to that involved
in this writ petition, therefore this writ
petition deserves to be decided in terms of
the said judgment.
(7) Mr. Ramji Srivastava, learned
Counsel appearing for the selecting body,
concedes that the ratio of the judgment,
rendered by Hon'ble Supreme Court in the
case of Laxmi Saroj, applies squarely to the
facts of the present case. Thus he submits
that he has no objection if the writ petition
2025:UHC:10229
is decided in terms of the judgment dated
6.11.2025, rendered by this Court in Writ
Petition (S/S) 2331 of 2024 and other
connected petitions.
(8) Accordingly, writ petition is
allowed. Order dated 20.10.2023, passed
by the selecting body rejecting petitioner's
candidature, is set aside qua the petitioner.
Respondents are directed to consider the
claim of the petitioner for appointment as
per the applicable selection criteria and also
to declare his result.
(Manoj Kumar Tiwari, J.)
18.11.2025
Pr
PRABODH
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KUMAR
d462503, postalCode=263001, st=UTTARAKHAND,
serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FC
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Date: 2025.11.18 17:42:43 +05'30'
2025:UHC:10229
