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2025 DAILYLAW 17102 (UTT)

SOHAN LAL v. GOVERNMENT OF UTTARAKHAND

WPSS/762/2025 · 2025-12-11

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11042 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 7 6 2 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. S.S. Yadav, Advocate, for the petitioners. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. Mr. Ramji Srivastava, Advocate, for the respondent no. 4. (2) According to petitioners, they participated in a selection held by Uttarakhand Medical Service Selection Board for appointment to the post of Nursing Officer; they were selected and recommended by the selecting body, however, the appointing authority is not issuing offer of appointment to them. In this writ petition, petitioners have sought the following reliefs: “I. Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 and 3 to issue the appointment orders to the petitioners for the post of nursing officers (male) under the said department. 2. Issue a writ order or direction in the nature of mandamus directing the respondent to issue the order of appointment post code number 203, 204 name as diploma holder and degree holder nursing officer (male) to the petitioner like petitioner of writ petition number 1317/ 2024/ Jitendra Singh Ghuraiya and others versus State of Uttarakhand. In the compliance of the order dated 10 January 2025 passed by this Hon’ble High Court annexed as Annexure no. 10 (Colly).” (3) Learned State Counsel submits that certain complaints were received that candidates, who are not validly registered with Uttarakhand Nursing Council, have also succeeded in the selection, therefore an enquiry was ordered vide letter dated 17.4.2025 and on account of pendency of 2025:UHC:11042 enquiry, appointment letters could not be issued to the recommended candidates. (4) From the statement made by learned State Counsel, it is apparent that enquiry was ordered in the month of April, 2025; we are now in the month of December and nearly eight months have gone by. The enquiry cannot be permitted to continue till eternity as it affects the right of selected candidates to be considered for public appointment. (5) Writ petition is, accordingly, disposed of with a direction to Secretary, Medical Health to have the ongoing enquiry completed as early as possible, but not later than six weeks from the date of presentation of certified copy of this order. If enquiry is not concluded within the stipulated time, then offer of appointment shall be made to the petitioners. ( Man oj Ku m ar Tiw ar i, J.) 1 1 .1 2 .2 0 2 5 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9195 7BE53, cn=PRABODH KUMAR Date: 2025.12.15 15:27:22 +05'30' 2025:UHC:11042