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2024 Supreme(UK) 508

PANKAJ PUROHIT
Ela Gairola – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pawan Mishra, learned counsel
For the Respondent: Mr. Jayvardhan Kandpal, learned Standing Counsel (appeared through V.C.) along with Mr. V.S. Rawat, learned Brief Holder, Mr. Nishant Krishna Adhikari, learned counsel holding brief of Mr. Ramji Srivastava, learned counsel

JUDGMENT :

Hon’ble Pankaj Purohit, J. (Oral)

Petitioner has sought the indulgence of this Court seeking for the following reliefs:-

    “i. Issue a writ, rule, order or direction in the nature of certiorari calling for the records and quashing the condition no.7 of advertisement dated 03.01.2023 (annexure no.3- to this writ petition), issued by Secretary, Uttarakhand Medical Service Selection Board, Uttarakhand Dehradun-respondent no.3.

ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner within maximum age limit for appointment on the post of Nursing Officer in the State of Uttarkahand in pursuance of advertisement dated 03.01.2023.”

2. Heard learned counsel for the parties.

3. The case in nutshell is that petitioner has undergone B.Sc. (Nursing) Course from H.N.B. Garhwal University. The petitioner applied for the post of Staff Nurse (now Nursing Officer) pursuant to the advertisement issued by the respondents on 12.12.2020 wherein relaxation of five years age was given since she belongs to OBC category. Thereafter, on 02.02.2021, another advertisement was issued for the same post. However, the advertisement was again issued by

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