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2026 DAILYLAW 5003 (UTT)

JYOTI MASSEY v. STATE OF UTTARAKHAND

WPSS/506/2024 · 2026-01-05

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:152 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/ 5 0 6 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J Mr. Bhupendra Prasad, Advocate for the petitioners. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand/ respondent nos. 1 & 2. 3. Mr. Gaurav Nagpal, Advocate, holding brief of Mr. Ramji Srivastava, Advocate for respondent no. 3. 4. Petitioners have crossed the upper age limit fixed for applying for appointment as Health Worker (Female), as indicated in the advertisement dated 11.3.2024. Thus, feeling aggrieved, petitioners have approached this Court, seeking the following reliefs: - “i) Issue a writ, order or direction in the nature of certiorarified mandamus quashing the effect and operation of condition of upper age limit as 42 years on applying for the post of Health Worker (Female) in condition no. 7 of the advertisement dated 11.03.2024 (Annexure No. 1 to this Writ Petition). ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to grant age relaxation to the petitioners in the upper age limit criteria for 1 year to petitioner no. 1 and 2 years to petitioner no. 2 such that petitioner can also submit her online application for the post of Health Worker (Female) in ongoing recruitment process. iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 1 to decide the representation of petitioner no. 1 & 2 in a time bound manner in order to avoid undue hardships to the petitioner.” 2026:UHC:152 5. Mr. Gaurav Nagpal, learned counsel, holding brief of Mr. Ramji Srivastava, learned counsel appearing for the selecting body submits that selection process is over and as per his instruction, only those who passed diploma course in Auxiliary Nursing & Midwifery upto 2013, alone have a chance of selection. He submits that since year of passing Auxiliary Nursing & Midwifery course by the petitioners is 2015, therefore, even if they are permitted to participate in the selection, then also, they do not have any chance of selection. 6. Since the selection process is over and the result of the selection is also known, therefore, no purpose would be served by keeping the writ petition, pending. Even otherwise also, it is for the employer to decide whether to grant relaxation in upper age limit and if yes to whom. Courts cannot direct for granting age relaxation to candidates, who have crossed the upper age limit. 7. Thus, there is no scope for interference in the matter. The writ petition fails and is dismissed. ( Man oj Kum ar Tiw ar i, J) 5.1.2026 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=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.01.05 17:51:17 +05'30'