2025:UHC:10810 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 2 1 0 2 / 2 0 2 5 Hon ’ble Alok Mah r a, J. Mr. Anil Kumar Joshi, learned counsel for the petitioner. 2. Mr. N.K. Papnoi, Mr. D.K. Bankoti, learned Brief Holders for the State. 3. Mr. Rakshit Srivastava, learned proxy counsel for Mr. Ramji Srivastava, learned counsel for respondent no.3. 4. Present writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking a writ of certiorari to call for the records and quash Condition No. 9 of the advertisement dated 14.11.2025 issued by the Uttarakhand Medical Service Selection Board, Dehradun, whereby the cut-off date 01.07.2025 has been fixed for determining the upper age limit of candidates for participation in the Health Worker (Female) Examination-2025. The petitioner has further prayed for issuance of a writ of mandamus directing the respondents to permit her to participate in the said selection treating her as eligible for the advertised post. 5. It is submitted that the petitioner is otherwise fully eligible for appointment to the post of Health Worker (Female) in the Department of Medical Health and Family Welfare, Uttarakhand, having completed the requisite qualification of Auxiliary Nurse Midwives (Health Worker–Female) in the year 2013-2014. It is stated that no advertisement for the said post was issued from the year 2002 till 2021, and that subsequent advertisements were issued only in 2021, 2022, and 2024. Candidates 2025:UHC:10810 who completed the course up to the year 2013 have already been considered and selected. The petitioner contends that the present recruitment pertains to candidates who completed the course in 2014, but she has become overage, and therefore she is unable to submit the application form, solely on account of delay attributable to the respondents. 6. Learned counsel for the petitioner submits that it is well-settled that a candidate’s eligibility cannot be defeated due to the inaction of the authorities in timely conducting recruitment examinations. Reliance has been placed on Rule 14 of the Uttarakhand Medical Health and Family Welfare Health Worker and Health Supervisor (Male and Female) Service Rules, 2016, which mandates that the Appointing Authority shall determine the number of vacancies to be filled in a given year and communicate the same to the Director General. 7. It is contended that the respondents failed to comply with Rule 14, as year-wise determination of vacancies was not undertaken, resulting in an abnormal delay in issuance of advertisements. Consequently, the petitioner has become overage, and therefore she is entitled to relaxation in the upper age limit. 8. Per contra, learned State counsel as well as learned counsel appearing for respondent no. 3 submit that the question of granting age relaxation falls exclusively within the domain of the employer/State, and no mandamus can be issued by this Court in that regard. 9. In response, learned counsel for the petitioner would submit that similarly situated candidates, who had also become overage due to delays in recruitment for the same post, were granted age relaxation by the State in earlier selection processes 2025:UHC:10810 in the year 2022 and 2024. It is therefore prayed that the petitioner’s case be considered on parity with those candidates. 10. Since the decision regarding grant of age relaxation lies with the employer/State, and this Court cannot itself direct relaxation in the upper age limit, this Court is of the view that the ends of justice would be met if the petitioner is permitted to submit a representation to the Secretary, Department of Medical Health and Family Welfare, Uttarakhand, seeking age relaxation. The Secretary shall thereafter consider and decide the matter in accordance with law. 11. Accordingly, the writ petition is disposed of with liberty to the petitioner to submit a detailed representation before the Secretary, Department of Medical Health and Family Welfare, Uttarakhand. In the event such a representation is made, the Secretary shall examine and decide the same by passing a reasoned order within six weeks from the date of receipt of the representation. 12. It is made clear that if the petitioner’s case is favourably considered and age relaxation is granted, she shall be permitted to submit her application form for participation in the ongoing selection process. 13. Pending applications, if any, stand disposed of accordingly. ( Alok Mahr a, J.) 04.12.2025 Mamta