2025:UHC:9795 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 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 2025:UHC:9795 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. 2025:UHC:9795 11. Learned counsels for the petitioners submit that in a similar petition dealing with the post of Pharmacist, held by the same selecting body, a direction was issued to the State Government to take decision on the representation made by the candidates, who had become overage. They submit that the petitioners in these petitions may also be permitted to make representation to the competent authority in the State for grant of age relaxation. 12. Learned State Counsel submits that he has no objection if the writ petitions are decided in terms of the judgment rendered in Writ Petition (S/S) No. 2090 of 2024 with a direction to the competent authority to take decision regarding prayer of the petitioners for age relaxation. 13. Accordingly, the writ petitions are disposed of with liberty to the petitioners to approach the competent authority in the State Government for age relaxation. If petitioners make representation to the Secretary, Medical Health and Family Welfare on or before 21.11.2025, decision thereupon shall be taken by the concerned Secretary as per law, within three months thereafter. 14. For a period of fourteen weeks or till decision is taken in the matter by the concerned Secretary, whichever is earlier, the posts which have been kept reserved pursuant to the interim order passed by this Court, shall not be filled. 15. Pending application(s), if any, stand disposed of. (Manoj Kumar Tiwari, J.) 06.11.2025 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=3be23325146e76a0642bdf4943fb9046f487df006da 82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.06 17:39:13 +05'30'