2025:UHC:11305 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 WPSS No. 1237 of 2024 With WPSS No. 1489 of 2024 WPSS No. 2471 of 2024 WPSS No. 2489 of 2024 WPSS No. 50 of 2025 WPSS No. 712 of 2025 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Vinay Kumar, Mr. A.K. Yadav, Mr. B.S. Kathayat, Mr. Yogesh Pacholia, Mr. Anurag Bisaria & Mr. Gaurav Adhikari, Advocates for the petitioners. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Mr. Ramji Srivastava, learned counsel for the respondent-Selecting Body. 4. Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPMS No. 1237 of 2024 alone are being considered and discussed. 5. Petitioner participated in a selection for the post of Nursing Officer, held by Uttarakhand Medical Service Selection Board, pursuant to advertisement dated 03.01.2023. 6. Petitioner contends that criteria for selection for appointment is year of passing of Degree/ Diploma in Nursing Course and the comparative merit of a 2025:UHC:11305 candidate in Degree/ Diploma Course is to be considered only when two or more candidates passed such Degree/ Diploma in the same year. 7. It is submitted that having regard to the aforesaid criteria of selection, persons, who got appointment under the State as Nursing Officer, cannot be permitted to re-apply, pursuant to the advertisement in question and petitioners have sought a direction to the Competent Authority not to issue “No Objection Certificate” to such persons, who are already employed as Nursing Officer in Department of Medical & Health. It is contended that no one can be permitted to take benefit of his seniority twice, as doing so will cause injustice to those who are waiting for their turn to be appointed. 8. Learned State Counsel refers to counter affidavit dated 22.07.2025 filed by Dr. Ashutosh Sayana, Director, Medical Education. In para 9 of the said counter affidavit, following averments have been made: - “9 . That the person who have already been appointed in pursuance of advertisement dated 03.01.2023, have not been given no objection certificate from their employer and hence are ineligible to apply in the selection process initiate by the advertisement dated 11.03.2024 due to in term of Clause 10 of advertisement.” 9. From the stand taken by Director, Medical Education in para 9 of the counter affidavit, it is apparent that no one serving as Nursing Officer in Medical Health Department has been issued NoC for participating in the selection in question. 2025:UHC:11305 10. Thus, no further direction is required to be issued. The writ petitions are disposed of by directing the respondents to conclude the selection process, strictly as per the terms and conditions of the advertisement and any one, who does not meet the condition of eligibility, shall not be permitted to participate in the selection. ( Man oj Ku m ar Tiw ar i, J) 17.12.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f98 02a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5 C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.18 05:12:42 -08'00'