Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPSS/ 435/ 2024

With

WPSS/ 529/ 2024

Hon’ble Manoj Kumar Tiwari, J.

Mr. B.S. Koranga, Advocate for the

petitioners.

Mr. N.K. Papnoi, State Counsel for the

State.

Mr. Rakshit Srivastava, Advocate holding

brief of Mr. Ramji Srivastava, Advocate for the

Commission.

2. 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. 435 of 2025

(SS) alone are being discussed and considered.

3. Petitioner possesses requisite qualification for appointment as Nursing Officer (Male/Female) in Department of Medical Health and also the Medical Education Department. She is aggrieved by condition No. 7 mentioned in advertisement dated 11.03.2024, which provides that every candidate who applies for the post of Nursing Officer must be below 42

years of age as on 01.07.2023.

4. Admittedly, petitioner had crossed upper age limit on the date specified in the advertisement. In Writ Petition No. 435 of 2024

(SS), petitioner has sought following reliefs:

“i-Issue a writ, order or direction in the nature of Certiorari calling for record and quashing the condition number 07 (Age) of the advertisement dated 11th March 2024 issued by Uttarakhand Medical Service Selection Board, Dehradun (Annexure No.-19 to the writ petition), whereby the cut off 01-07-2022 has been fixed for the determination of the upper age limit of the Candidates for applying for participating in the Nursing Officer (Female/Male) Examination-2024.

ii-Issue a writ, order or direction in the nature of Mandamus directing the Respondent Uttarakhand Medical Service Selection Medical Board Dehradun to issue Necessary corrigendum to the Advertisement dated 11th March 2024 (Annexure No.-19 to the Writ Petition), by providing the relaxation in upper age limit in favor of the Petitioner who had earlier applied for the same vacancies in pursuant to the advertisement dated 12^th December, 2020 and 2^nd February 2021 by fixing the cutoff date for determination of upper age limit as provided in the said advertisements i.e. 1-7-2020 iii. Issue a Writ, order or direction in the nature of Mandamus directing the Respondents to permit the Petitioner to participate in the selection of Nursing Officers Examination-2024, pursuant to the advertisement issued 11^th March 2024 inasmuch as the vacancies which were advertised 12^th December, 2020 and 2^nd February, 2021 by UBTER has been re- advertised by the Uttarakhand Medical Service Selection Board, Dehradun By the Impugned Advertisement, 11^th March 2024 (Annexure N0 19 to the writ petition.

5. Learned counsel for petitioner submits that coordinate Bench of this Court has decided identical issue in Writ Petition No. 483 of 2024 (SS) and other connected petitions, therefore, these writ petitions also deserve to be decided in terms of said judgment.

6. Mr. N.K. Papnoi, learned State Counsel concedes that the issue involved in present writ petitions is identical to the one decided by