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2026:UHC:2094 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 2874/ 2017 Hon’ble Manoj Kum ar Tiw ari, J.

Mr. Bhupendra Prasad, Advocate, for the petitioners.

Mr. G.S. Negi, Additional CSC, for the State.

(2) Petitioners responded to an advertisement issued by Uttarakhand Board of Technical Education for the post of Statistical Assistant. They participated in the selection, however they were not called for document verification on the ground that they had crossed the upper age limit of 40 years as on 1.1.2014. Thus feeling aggrieved, petitioners have filed this writ

petition seeking the following relief:

“i) issue a writ or order or direction in the nature of mandamus directing the respondents to consider the case of the petitioners for the post of Statistical Assistant and may call them for interview as well as for verification of documents as per merit list dated

19.09.2017.”

(3) Mr. Bhupendra Prasad, learned Counsel for the petitioners, submits that the rules framed by the State Government regarding age for employment in State services were amended vide notification dated 25.2.2014 and upper age limit was increased from 40 years to 42 years by the

said amendment.

(4) Learned State Counsel, however, submits that a proviso has been added in the relevant rule, whereby upper age limit was increased to 42 years, which provides that this amendment will apply only to

2026:UHC:2094 vacancies which are advertised after issuance of the notification dated

25.2.2014.

(5) It is not in dispute that the rules were amended vide notification dated 25.2.2014, however, the last date of submission of application indicated in the advertisement was 31.3.2014. Law is well settled that eligibility for appointment to a post has to be seen on the last date of submission of application. In the present case, last date of submission of application was 31.3.2014 and during the interregnum, the upper age limit for appointment to State services was increased from 40 to 42 years. Thus petitioners are entitled to benefit of amendment made vide

notification dated 25.2.2014.

(6) Writ petition is, therefore, allowed. The selecting body is directed to reconsider the case of petitioners and if they are in merit and are otherwise eligible, recommend their name for appointment to

appointing authority. (Manoj Kumar Tiwari, J.)

24.3.2026 Pr

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2026:UHC:2094