Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPSS/148/ of 2024

with

WPSS /164 /2024, WPSS /165 /2024, WPSS / 173 / 2024, WPSS / 198 / 2024, WPSS /199/ 2024, WPSS /200 /2024

WPSS / 201 / 2024, WPSS /204 / 2024, WPSS /205 / 2024, WPSS /206 / 2024, WPSS / 210 / 2024, WPSS / 218 / 2024 WPSS / 246 /2024, WPSS / 259 / 2024, WPSS /286 /2024,

WPSS /335 /2024, WPSS / 336 / 2024

Hon’ble Manoj Kumar Tiwari, J.

Mr. Sumit Joshi, Advocate, holding brief of

Mr. Sanjay Raturi, Mr. Tarun Prakash Singh Takuli, Mr. Vinay Kumar, Mr. Ghanshyam Joshi and Mr. A.M.

Saklani, Advocates for the petitioners.

2. Mr. Narayan Dutt, Standing Counsel for the

State of Uttarakhand/respondent nos. 1 & 3.

3. Mr. Rakshit Srivastava, Advocate, holding brief of Mr. Ramji Srivastava, Advocate of Uttarakhand

Medical Service Selection Board.

4. Mr. Vinay Bhatt & Mr. Mukesh Kapruwan, Advocates for the applicants in Impleadment

Application (I.A. No. 4 of 2024).

5. Since common questions of law and fact are involved in these writ petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (S/S) No. 148 of 2024 alone are being

considered and discussed.

6. Petitioners have become overage for the post of Health Worker (Female). Thus, feeling aggrieved, they have approached this Court seeking the

following reliefs:-

“i. Issue a writ, order or direction in the nature of

mandamus directing the respondents to grant the age relaxation to the petitioners in the upper age limit criteria maximum upto the required number of years respectively (2012 to 2022), when no selection process was initiated by the

respondents to fill the year-wise vacancies of the health worker female on the basis of seniority and permit the petitioners to participate in the ongoing selection process held pursuant to advertisement dated 1-2-2024 (Annexure no 1) and consider the candidature of the petitioners for appointment on the post of Health Worker (Female).

ii. Issue a writ order or direction in the nature of certiorari to quash the condition of upper age limit of 42 years of age of the advertisement dated 1-2-2024.”

7. The advertisement, issued by Uttarakhand Medical Service Selection Board dated 1.2.2024 is on record as Annexure-1 to the writ petition. Perusal of the same reveals that the upper age limit for appointment is 42 years, as on 1.7.2023. As many as 391 vacancies on the post of Health Worker (Female), were notified by the said advertisement.

8. Petitioners contend that since selection is not merit based, but, is made on the basis of seniority with reference to year of passing diploma course, therefore, a direction deserves to be issued to the respondents to treat the petitioners as eligible.

9. Learned State Counsel, however, submits that the selection for the post of Health Worker (Female) was regularly held from time to time and the last selection was held pursuant to advertisement issued in 2022. Thus, he submits that petitioners cannot contend that because of inordinate delay on the part of the State authorities in holding selection, they became overage. He further submits that Clause 8 of the advertisement, whereby the age limit was specified, has not been challenged by most of the petitioners.

10. Learned State Counsel submits that age relaxation to the extent of one year was granted to the candidates for the post of Health Worker (Female), vide Government order dated 26.07.2021.

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