Uttarakhand High Court
7 October vs State Of Uttarakhand & Others on 7 October, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:8828
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 2090 of 2024
07 October, 2025
Shailendra Prasad Nautiyal & Others ... Petitioners
Versus
State of Uttarakhand & Others ... Respondents
With
Writ Petition (S/S) No. 2091 of 2024
Writ Petition (S/S) No. 2225 of 2024
Writ Petition (S/S) No. 2240 of 2024
Writ Petition (S/S) No. 2259 of 2024
Writ Petition (S/S) No. 2328 of 2024
Writ Petition (S/S) No. 2393 of 2024
Counsel for the petitioners : Mr. Vinay Kumar, Advocate
Mr. M.C. Pant, Advocate
Mr. Hemant Singh Mahra, Advocate
Mr. Ketan Joshi, Advocate
Mr. R.S. Bisht, Advocate
Mr. Rahul Kandpal, Advocate
Mr. Sahil Mullick, Advocate
Mr. Niranjan Bhatt, Advocate
Mr. Pradeep Chamyal, Advocate
Counsel for the State : Mr. Narayan Datt, Standing Counsel
Counsel for UKMSSB : Mr. Ramji Srivastava, Advocate
Counsel for the caveator : Mr. Bhagwat Mehra, Advocate
JUDGMENT
Hon'ble Manoj Kumar Tiwari, J.
Since common questions of fact and law are
involved in these writ petitions, these are being heard
and decided by this common judgment, however, for
the sake of brevity, facts of Writ Petition (S/S) No.
2090 of 2024 alone are being considered and
discussed here.
2. Petitioners successfully completed Diploma
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in Pharmacy Course between 2001 and 2003. Diploma
in Pharmacy is essential qualification for appointment
as Pharmacist in Department of Medical Health and
Department of Medical Education. All the petitioners
have become overage for appointment as Pharmacist
under the State, as the upper age limit prescribed for
appointment as Pharmacist is 42 years, as per Rule 10
of the relevant recruitment rules. It is the contention
of petitioners that since the criteria for selection for
appointment as Pharmacist is based on seniority and
not on merit, therefore, a senior candidate cannot be
declared ineligible merely because he has completed
42 years of age on a particular date, which is referred
to as the cut-off date.
3. Rule 15(2) of U.P. Pharmacist Service Rules,
as applicable in the State of Uttarakhand and amended
vide notification dated 12.1.2006, provides that
selection for appointment as Pharmacist shall be made
based on year of passing the Pharmacy Course and if
two or more candidates passed out Pharmacy Course
in the same year, then in that case the one who scored
more marks shall have preferential right of
appointment. Advertisement dated 19.10.2024, in
Clause 18, also makes a stipulation that selection shall
be made based on year of passing the Pharmacy
Course.
4. Thus it is contended by learned Counsel for
the petitioners that the rules provide for giving
preference to candidates who passed Diploma in
Pharmacy Course earlier in point of time, in other
words, weightage has to be given to seniority,
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however by fixing a cut-off date for determining upper
age limit, the senior-most persons would be eliminated
from the selection process, which would be counter-
productive. Thus it is contended that in the criteria
adopted for the selection process, the requirement
regarding upper age limit should be relaxed in favour
of such candidates who have become overage.
5. Learned Counsel for the petitioners also
contended that the last selection process for
appointment as Pharmacist was held pursuant to
advertisement issued in 2011 and thereafter no
selection was held for appointment as Pharmacist in
Department of Medical Health and Department of
Medical Education. It is further stated that in the year
2020, Director General, Medical Health determined 80
vacancies on the post of Pharmacist, however the
selection process was not initiated in 2020, due to
which petitioners, most of whom were within age limit
in 2020, have crossed the upper age limit.
6. Mr. Bhagwat Mehra, learned Counsel for the
private respondent, however, points out that
applications were invited for appointment as
Veterinary Pharmacist as many as four times,
therefore the submission made on behalf of petitioners
that for want of advertisement, they became overage
is incorrect.
7. Learned Counsel for the petitioners further
contended that earlier also, State Government granted
relaxation in upper age limit, in 2005, in the selection
for appointment as Pharmacist in Ayurveda
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Department to candidates who had become overage
for want of selection.
8. Petitioners have relied upon notification
dated 28.2.2003, whereby Uttaranchal Public Services
(Relaxation in Age Limit for Recruitment) Rules, 2003
have been notified. Rule 3 of the said Rules provides
that the State Government can grant relaxation in
upper age limit in favour of one or more candidates in
appropriate cases.
9. Since Rule 3 of the aforesaid Rules enables
the State Government to consider grant of age
relaxation in appropriate cases, therefore, this Court
thinks that ends of justice would be met if the matter
is referred to the State Government for taking
appropriate decision in the matter, in the peculiar facts
and circumstances of the case.
10. Accordingly, writ petitions are disposed of
with liberty to the petitioners to approach the
competent authority in the State Government by
making a representation. If petitioners make a
representation to Secretary, Medical Education on or
before 10th October 2025, decision thereupon shall be
taken by the concerned Secretary within three months
thereafter.
11. It shall be open for the selecting body to
proceed with the selection process.
12. Since respondent no. 5 is proceeding with
the process of document verification, therefore,
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petitioners shall also be provisionally permitted to
participate in the process of documents verification by
submitting their applications along with all requisite
documents within 48 hours. However, their result shall
be kept in a sealed cover and shall not be declared till
decision is taken by the State Government.
(Manoj Kumar Tiwari, J.)
Pr
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Date: 2025.10.07 17:12:43 +05'30'
