2025:UHC:10901 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2126/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Shubhr Rastogi, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand / respondent nos. 1 to 3. 3. Mr. Ramji Srivastava, Advocate for respondent no. 4. 4. Petitioner possesses Diploma in General Nursing and Midwifery and she is registered with Uttarakhand Nurses and Midwives Council. On the strength of the educational qualification possessed by her, she can be considered for appointment as Nursing Officer under the State. 5. The upper age limit for appointment as Nursing Officer is specified as 42 years for General Category candidates and for SC, ST & OBC, relaxation upto five years is admissible. Even after that relaxation, petitioner has become overage, as she has completed 49 years on 01.03.2025. 6. By means of this writ petition, petitioner has challenged condition no. 7 in the advertisement issued by Uttarakhand Medical Service Selection Board, Dehradun, on 17.11.2025. By the said condition, the cut off date for determining age, is fixed as 01.07.2025. The relief sought in the writ petition are as follows:- “(A) Issue writ, order or direction in the nature of certiorari calling for record and quashing the condition no.7 (Age) of the advertisement dated 17th November 2025 issued by Uttarakhand Medical Service selection Board, Dehradun (Annexure No.8 to this writ Petition), whereby the 2025:UHC:10901 cut-off date 01.07.2025 has been fixed for the determination of the upper age limit of the Candidates for applying/ participating in the Nursing Officer (Female/ Male) Examination -2025. (B) Issue writ, order or direction in the nature of mandamus for directing the respondent Uttarakhand Medical Service Selection Board, Dehradun to issue necessary corrigendum to the Advertisement dated 17th November 2025, by providing the relaxation in upper age limit in favor of the petitioner by fixing the cutoff date for determination of upper age limit as provided in the said advertisement. (C) 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-2025.” 7. Learned State Counsel submits that State Government as employer has fixed the upper age limit and also the baseline with reference to which the age has to be determined. Thus, he submits that the relief, as claimed in the writ petition, cannot be granted. 8. Learned counsel appearing for the Selecting Body points out that it is the State Government, which alone can grant age relaxation under the Service Rules. 9. Having regard to the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to make representation to the competent authority in the State Government regarding age relaxation. If she makes representation within one week from today, decision thereupon shall be taken as per law, within eight weeks thereafter. During the interregnum, it shall be open to the petitioner to submit offline application, pursuant to the advertisement dated 17.11.2025, however, her participation in the selection shall abide by decision taken on her representation. It is made clear that Selecting Body may proceed with the selection, unhindered by the pending representation. (Manoj Kumar Tiwari, J.) 09.12.2025 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=3be23325146e76a0642bdf4943fb9046f487df00 6da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8756 43AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.10 10:15:39 +05'30'