Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 15156 (UTT)

KAMLESH KUMAR PANT v. STATE OF UTTARAKHAND

WPSS/2140/2025 · 2025-12-09

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10902 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 2140/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Nivesh Bahuguna, Advocate, for the petitioner. Mr. N.S. Pundir, Deputy AG, for the State. Mr. Ramji Srivastava, Advocate, for the selecting body. (2) Uttarakhand Medical Service Selection Board invited applications for appointment as Pharmacist in Department of Medical Education, vide advertisement dated 19.10.2024. As per the advertisement, one should not have completed 42 years of age as on 1.7.2024. Since petitioner has crossed the upper age limit specified in the advertisement, therefore, he has approached this Court seeking the following reliefs: “(i) Issue any writ, order or direction in the nature of mandamus commanding and directing the respondents to permit the petitioner to participate in the selection process pursuant to Advertisement dated 19th October 2024, (Annexure no 2 to the Writ Petition) in as much as the selection as to be made as per the merit and seniority of the year of passing in Diploma Examination. (ii) Issue any writ, order or direction in the nature of mandamus commanding and directing the respondents to grant relaxation in the upper age limit to the petitioner as per Rule-3 of the Uttarakhand Public Service (Relaxation in Age Limit For Recruitment) Rules, 2003 (Annexure no. 3 to the Writ Petition) for participating in the Pharmacists Examination-2024. (iii) Issue any writ, order or direction in the nature of mandamus commanding and directing the respondents to decide the representation of the petitioner (Annexure No. 6 to the Writ Petition) by a reasoned and speaking order considering the orders dated 07/10/2025 and 13.11.2025 (Annexure No. 5 to the Writ Petition) passed by this Hon’ble Court.” 2025:UHC:10902 (3) Learned Counsel for the respondents are right in submitting that petitioner has neither challenged the upper age limit fixed by the State Government nor the cut off date, with reference to which the age of a candidate has to be determined. Even otherwise also, advertisement was issued in October, 2024 and the selection process is at advanced stage, therefore any interference at this belated stage with the ongoing selection will open Pandora’s box and will derail the process. Apart from that, it is for the State Government to decide what should be the maximum age limit for appointment to a particular post and the date, with reference to which the age of a candidate has to be determined, is also to be fixed by the State Government under the rules. (4) Thus the relief as claimed cannot be granted. Writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 9.12.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.10 10:14:20 +05'30' 2025:UHC:10902 2025:UHC:10902