Office Notes,

reports, orders or proceedings

S N L o . .

Date or directions COURT’S OR JUDGE’S ORDERS

and Registrar’s

order with Signatures

WPSS 2331/ 2024 WPSS 2249/ 2024 WPSS 2283/ 2024

Hon’ble Manoj Kumar Tiwari, J.

Mr. Vinay Kumar, Mr. Anand Singh

and Mr. Ravendra Singh Bisht, Counsel for

the petitioners.

Mr. Ganesh Datt Kandpal, Deputy

AG, for the State.

Mr. Rakshit Srivastava, Advocate,

i/b Mr. Ramji Srivastava, Advocate for the

respondent no. 3.

Mr. Atul Bahuguna, Advocate, for

the respondent no. 4.

(2) Since common questions of fact and law are involved in these writ petitions, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of Writ Petition (S/S) No. 2331 of 2024 alone

are being considered and discussed here.

(3) Uttarakhand Medical Service Selection Board issued an advertisement on 11.3.2024, inviting applications against 1455 vacancies on the post of Nursing Officer in different government medical colleges/State Cancer Institute. Clause 6 of the said advertisement required that every candidate must be registered with Uttarakhand Nurses and Midwives Council on the last date of submission of application. Petitioner responded to the advertisement, however her candidature was rejected only on the ground that she was not registered with Uttarakhand Nurses and Midwives Council on the last of

submission of application i.e. 1.4.2024.

(4) Petitioner was registered with Haryana Nurses and Midwives Council on 2.8.2013 and she applied for transfer of her registration to Uttarakhand Nurses and Midwives Council on 6.2.2024; Uttarakhand Nurses and Midwives Council sent a letter to Indian Nursing Council on 12.3.2024 and also sought verification report from Haryana Nurses and Midwives Council on 7.6.2024, however the fact remains that petitioner’s registration was not transferred from Haryana Nurses and Midwives Council to Uttarakhand Nurses and Midwives Council till the last date of submission of application.

(5) It is not in dispute that registration of the petitioner was ultimately transferred from Haryana Nurses and Midwives Council and her name came to be registered with Uttarakhand Nurses and Midwives Council on 4.7.2024. Now, the sole question which falls for consideration before this Court is whether petitioner’s application for appointment as Nursing Officer can be rejected on the ground that her name was not registered with Uttarakhand Nurses and Midwives Council on the last date of submission of application?

(6) Learned Counsel for the petitioner relied upon a judgment rendered by Hon’ble Supreme Court in the case of Laxmi Saroj v. State of U.P., reported as (2022) 17 SCC 477. In the said judgment, while dealing with similar facts, Hon’ble Supreme Court held as under:

“11. Thus, because of the late issuance of the registration by the U.P. Council, the appellants could not produce the U.P. Council registration either on the last date of the application and/or at the time of verification of documents and therefore, they were