Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 12451 (UTT)

RASHMI CHAUHAN v. STATE OF UTTARAKHAND

WPSS/1701/2025 · 2025-10-16

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9307 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1701/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Priya Mewari, Advocate for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand. 3. Petitioner participated in a selection for the post of Nurse/Midwife held pursuant to advertisement dated 19.05.2011. Her candidature was, initially not considered for the reason that she did not submit the certificate of registration with the Employment Exchange. Her candidature, however, was subsequently considered, in view of order passed by Coordinate Bench, whereby the competent authority was asked to take decision on petitioner’s representation. Petitioner was ultimately appointed as Nurse/Midwife on 28.08.2015. 4. Now, petitioner contends that since other persons, who participated in the same selection, were appointed much earlier in 2012; while, petitioner was so appointed in 2015 without any fault of 2025:UHC:9307 hers, therefore, she is entitled to seniority as per her merit in the selection. 5. Learned State Counsel submits that petitioner has made a representation, which is enclosed as Annexure-3 to the writ petition, therefore, the competent authority can be asked to take decision thereupon. 6. The writ petition is, accordingly, disposed of with a direction to the Director General, Medical Health and Family Welfare, Uttarakhand to consider petitioner’s representation (Annexure-3 to the writ petition) and take decision as per law, within eight months from the date of production of certified copy of this order. 7. It goes without saying that other persons appointed as Nurse, whose seniority may be disturbed by any decision in favour of the petitioner, shall also be given reasonable opportunity of hearing, before taking any decision. (Manoj Kumar Tiwari, J.) 16.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF5 6D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.16 17:39:44 +05'30'