Reserved on 07.08.2025 Delivered on 25.08.2025

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition No. 483 of 2024 (S/S)

Abhilasha Saxena and others ......Petitioners

Versus

State of Uttarakhand and others ….Respondents

Present:

Mr. Sanjeev Kumar, Advocate for the petitioners. Mr. Narain Dutt, Standing Counsel for the State.

Mr. Ramji Srivastava, Advocate for the Uttarakhand Medical Service

Selection Board.

Writ Petition No. 425 of 2024 (S/S)

Deepak Bhandari and others ......Petitioners

Versus

State of Uttarakhand and others ….Respondents

Present:

Mr. Vinay Kumar, Advocate for the petitioners.

Mr. Narain Dutt, Standing Counsel for the State.

Mr. Ramji Srivastava, Advocate for the Uttarakhand Medical Service

Selection Board.

Writ Petition No. 454 of 2024 (S/S)

Heera Devi and another ......Petitioners

Versus

State of Uttarakhand and others ….Respondents

Present:

Mr. Sanjeev Kumar, Advocate for the petitioners. Mr. Narain Dutt, Standing Counsel for the State.

Mr. Ramji Srivastava, Advocate for the Uttarakhand Medical Service

Selection Board.

Writ Petition No. 504 of 2024 (S/S)

Geeta Takuli and another ......Petitioners Versus State of Uttarakhand and others ….Respondents Present:

Mr. M.C. Pant, Advocate for the petitioners.

Mr. Narain Dutt, Standing Counsel for the State.

Mr. Ramji Srivastava, Advocate for the Uttarakhand Medical Service Selection Board.

Writ Petition No. 505 of 2024 (S/S)

Laxmi Rana ......Petitioner Versus State of Uttarakhand and others ….Respondents Present:

Mr. Sanjeev Kumar, Advocate for the petitioner.

Mr. Narain Dutt, Standing Counsel for the State.

Mr. Ramji Srivastava, Advocate for the Uttarakhand Medical Service Selection Board. 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 tho