JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 494 of 2024 (SS) alone are being discussed and considered. In Writ Petition No. 494 of 2024 (SS), petitioner has sought the following reliefs:

“i) Issue a writ of certiorari quashing the condition no.7 of the advertisement dated 11.3.2024 (annexed at Annexure No. 1 to the writ petition) for age criteria as fixed by the respondent board in the Nursing Officer Examination 2024 as far as the maximum age limit of 42 years has been fixed.

ii) Issue a writ, order or direction in the nature of mandamus, commanding and directing the Respondent No. 4 Uttarakhand Medical Service Selection Medical Board Dehradun, to issue necessary corrigendum to the Advertisement dated 11.3.2024 by providing the relaxation in upper age limit in favor of the petitioner, who had earlier applied for the same vacancy in pursuant to the advertisement dated 12.12.2020 and 2.2.2021 by fixing the cut-off date for determination of upper age limit as provided in the said advertisement.”

2. According to petitioner, she passed Diploma course in General Nursing & Midwifery from Ganga Sheel School of Nursing, Bareilly, in April, 2012; her date of birth is 17.06.1981; by virtue of academic qualification, possessed by her, she is eligible for appointment as Nursing Officer (Female) in Department of Medical Health and also in Department of Medical Education.

3. Mode of recruitment and conditions of service of Nursing Officer (Female) in aforesaid two departments are governed by same set of service Rules, namely, Uttarakhand Subordinate Nurses (Non-Gazetted) Service Rules, 2015.

4. Rule 15 of the said Rules lays down the criteria of selection. Earlier selection for the post of Nursing Officer (female) was merit based i.e. based on performance of a candidate in written examination; however, the rules were amended in 2022 and selection criteria was changed as year of passing the nursing training course. As per Rule 10 of the service rules, the upper age limit for appointment as Nursing Officer is 42 years.

5. It is not in dispute that an advertisement was issued by Uttarakhand Board of Technical Education on 12.12.2020, pursuant to requisition sent by Department of Medical Health, whereby 1238 vacancies on the post of Staff Nurse (now renamed as Nursing Officer (female)), were notified. As per the advertisement, anyone, who was less than 42 years of age as on 01.07.2020 were eligible for appointment.

6. It is the case of all the petitioners that they were within age, therefore they responded to the advertisement issued by Uttarakhand Board of Technical Education on 12.12.2020 and they were waiting for the selection process to complete; however, selection process was abruptly cancelled on 02.02.2021 and on that day itself, another advertisement was issued but for the same number of vacancies.

7. Thereafter, a corrigendum was issued by the selecting body i.e. Uttarakhand Board of Technical Education on 09.02.2021, whereby 1383 vacancies available in Department of Medical Education were added in the ongoing selection process, thus increasing the number of vacancies to 2621. Thereafter, another corrigendum was issued by selecting body on 17.04.2021 in which, it was provided that cut-off date for determining age shall be 01.07.2020, instead of 01.01.2020.

8. Petitioner was within age in terms of the corrigendum dated 17.04.2021, therefore she was eligible. However, the selection process initiated by advertisement dated 02.02.2021 as modified by corrigendum dated 09.02.2021 was also cancelled by the selecting body i.e. Uttarakhand Board of Technical Education vide notification dated 13.06.2021.

9. Thereafter, another advertisement was issued on 03.01.2023 by a different selecting body i.e. Uttarakhand Medical Service Selection Board, whereby 1564