IMPORTANT POINT
The court established that recruitment age limit conditions must be consistent with prior advertisements and that candidates should not be penalized for changes in conditions that occur after their initial application.

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 the respondents on 03.01.2023 but petitioner became overage by then. However, the petitioner, in light of an interim order dated 18.01.2023 passed by this Court in WPSS No.134 of 2023 and batch, was permitted to submit her application form. The said writ petition stood finally allowed vide the judgment dated 30.10.2023 by this Court. On 07.11.2023 petitioner represented to respondent no.3 for declaration of her result but all went in vain. It is the case of petitioner that by the time of issuance of advertisement dated 03.01.2023, petitioner had become overage by two years on account of Condition no.7 of the advertisement dated 03.01.2023, which is the subject matter of this petition.

4. The challenge raised in this writ petition is no more res integra in view of the judgment passed by this Court in WPSS No.134 of 2023 (Deepak Bhandari & others vs. State & others) and batch, which were decided by a common judgment dated 30.10.2023 passed by this Court holding that the selfsame Condition no.7 of the advertisement dated 03.01.2023 challenged therein was held to be illegal, since petitioners therein had applied pursuant to the advertisement were below the upper age on the date when first advertisement was notified.

5. Learned counsel for the parties also fairly concede that the controversy raised in this writ petition is also one and the same, and this petition may also be decided in terms of the aforesaid judgment dated 30.10.2023.

6. Following the said ratio, the present writ petition is also allowed. Condition no.7 of the impugned advertisement qua the writ petitioner is relaxed. The respondent-Board is directed to treat the petitioner within the maximum age limit in the selection process held vide the subject advertisement and to hold her eligible for the said post insofar as her upper age is concerned. The respondent-Board is further directed to declare the result of the petitioner and accordingly, if she falls within the zone of consideration and is found otherwise qualified in all other aspects, she shall be recommended and offered the appointment. No order as to costs.

7. Pending application(s) if any stands disposed of accordingly.