JUDGMENT :

Hon’ble Ravindra Maithani, J.

Since common questions of law and fact are involved in these writ petitions, they are heard together and being decided by this common judgment. However, the facts of WP (S/S) No. 483 of 2024 are being referred to, for the sake of convenience.

2. In all these petitions, the petitioners claim that they are eligible for appointment to the post of Nursing Officer. They seek directions of the Court that pursuant to the advertisement dated

11.03.2024, issued by the respondent no. 4/Uttarakhand Medical Service Selection Board (“the Board”), the cut off date for determining the age of the petitioners should be 01.07.2020 and not 01.07.20023.

3. The facts necessary to understand the controversy should be briefly stated in a chronological manner as follows:-

(i) On 12.12.2020, the Uttarakhand Board of Technical Education, Dehradun (“UBTE”) advertised public advertisement for recruitment of 1238 vacant posts of Staff Nurse in the Department of Medical Health, Uttarakhand. The cut off date for age was 01.01.2020.

(ii) All the petitioners did apply to it. But, this advertisement was cancelled.

(iii) On 02.02.2021, the UBTE again issued a fresh advertisement for recruitment of 1238 posts of Staff Nurse in the Department of Medical Health, Dehradun. This advertisement categorically mentioned that the candidates, who had applied pursuant to the advertisement dated 12.12.2021 and subject to their eligibility are not required to re-apply.

(iv) As per the condition of the advertisement, the selection was to be made on the basis of a written examination and the merit list was to be prepared on the basis of the marks obtained by the candidates in the written examination.

(v) On 09.02.2021, UBTE issued a corrigendum to the earlier advertisement dated 02.02.2021 and the number of vacancies were increased to 2621. It was pursuant to the fresh requisition sent by the Director, Medical Education in respect of 1383 vacancies of Staff Nurse in the various Government Medical Colleges of the State.

(vi) On 23.03.2021, the nomenclature of the post in the nursing cadre was changed, and for the Staff Nurse, it was re-designated as Nursing Officer.

(vii) On 17.04.2021, UBTE issued a notification by which it was notified that the cut off date for determining the age would be 01.07.2020 instead of 01.01.2020 and thus those candidates, who were eligible to apply then, could apply.

(viii) The dates of written examination were notified and then postponed and it was never communicated. A decision was taken by the State Government that the direct recruitment to the post of Nursing Officer shall be conducted by the Board, instead of UBTE.

(ix) On 14.10.2022, the State of Uttarakhand issued a notification that in case any advertisement is issued by the Uttarakhand Subordinate Service Selection Commission (“UKSSSC”)and the recruitment could not be concluded and the posts are further advertised by the Uttarakhand Public Service Commission, in such matters, the age of the candidates shall be counted from the date as was mentioned in the notification issued by the UKSSSC.

(x) On 25.08,2022, the service rules of the Nursing Officers were amended and a proviso was added to Rule 15 that as a one-time measure, the selection on the post of Nursing Officer for the selection year 2022-23 will be made on the basis of the marks obtained by the candidates in their courses.

(x) The recruitment process pursuant to the advertisement dated 12.12.2020 and 02.02.2021 was never taken to a logical end.

They were aborted midway.

(xi) On 03.01.2023, the Board issued an advertisement inviting applications for holding Nursing Officers Examination – 2023 against 1564 posts of Nursing Officer in the Department of Medical Health and Family Welfare, Uttarakhand and the cut off date for its examination was 01.07.2022. This cut off date was challenged by many candidates in WPSS No. 134 of 2023, Deepak Bhandari and others v. State of Uttarakhand and others, and connected matters