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2026 DAILYLAW 8892 (UTT)

DEEPA RANA ALIAS DEEPA RANI BIST v. STATE OF UTTARAKHAND

WPSS/1965/2026 · 2026-07-24

Pankaj Purohit

body2026

Judgment text

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UKHC010129582026 2026:UHC:6360 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No.1965 of 2026 24th July, 2026 Deepa Rana alias Deepa Rani Bist and others ………..Petitioners Versus State of Uttarakhand and others ………..Respondents ---------------------------------------------------------------------- Presence:- Mr. Sanjeev Kumar, Mr. Pawan Sanwal and Mr. Dheeraj Joshi, learned counsel for the petitioners. Mr. S.S. Chaudhary, learned S.C. for the State. Mr. Gaurav Nagpal, learned counsel holding brief of Mr. Ramji Shriavastava, learned counsel for respondent no.3. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. The respondent no.3-Selecting Body issued an advertisement on 17.11.2025 inviting applications for recruitment on the post of Nursing Officer (Male/Female). As per the terms and conditions of the advertisement the maximum age of the candidate must be 42 years on the date of recruitment year i.e., 01.07.2025. 2. The petitioners being eligible in every respect for the post, applied pursuant to the aforesaid advertisement but their online application was rejected on the ground of their being overage. Petitioners moved this Court by filing several Writ Petitions (Nos.2204 of 2025, 2205 of 2025, 2220 of 2025, 2219 of 2025, 2223 of 2025, 2206 of 2025, 2197 of 2025, 2215 of 2025 and 2222 of 2025) and all the writ petitions were decided in terms of judgment and order dated 09.12.2025, passed in WPMS No.2126 of 2025 and the petitioners were given liberty to make representation to the Competent Authority in the State regarding age relaxation and the respondent-Competent Authority under the State Government was directed to take decision thereon 1 UKHC010129582026 2026:UHC:6360 within a time frame. Petitioners were also permitted to move offline applications pursuant to advertisement dated 17.11.2025. The offline applications submitted by the petitioners for participation in the selection process shall be considered subject to the decision taken on the representations, submitted by the petitioners and the Selecting Body was permitted to proceed with the selection process, subject to the decision on the pending representations. 3. Petitioners filed offline applications. But now the representations of the petitioners for relaxation in upper age limit, have been rejected by the respondent-State by a common order. On the basis of the rejection order, the respondent no.3-Selecting Body has rejected the candidature of the petitioners in the aforesaid examination for recruitment on the post of Nursing Officer (Male/Female) vide order dated 17.07.2026. Feeling aggrieved, the petitioners are before this Court. 4. The petitioners have not challenged the order passed on their representation. Instead, they have challenged the consequential order dated 17.07.2026 passed by respondent no.3-Selecting Body, annexure no.12 to the writ petition. The said order was passed placing reliance upon the rejection order issued by the State Government. 5. It is contended by learned counsel for the petitioners that since 2021 the respondent no.3-Selecting Body has not issued any advertisements for recruitment on the post of Nursing Officer (Male/Female), which made them over age, therefore, they are entitled to get age- relaxation. 6. Though no such averment has been made in the writ petition, however a direct query was made to learned 2 UKHC010129582026 2026:UHC:6360 counsel for respondent no.3-Selecting Body, who, on instructions, submits that the advertisement were issued for recruitment on the post of Nursing Officer (Male/Female) in the year 2023 and also in 2024 on 01.02.2024. 7. Thus the contention raised by learned counsel for the petitioner is not correct. 8. Accordingly on this ground petitioners cannot be permitted to allowed to participate in the aforesaid examination pursuant to advertisement dated 17.11.2025 as they are overage in view of the recruitment Rules – Uttarakhand Medical Education Department (Medical College), Nursing Cadre (Non-Gazetted) Service Rules, 2020 9. Accordingly no interference is warranted and writ petition stands dismissed. (Pankaj Purohit, J.) 24.07.2026 SK 3 SHUBHAM KAPRUWAN Digitally signed by SHUBHAM KAPRUWAN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=a29a2f80b93835a432d093afc472d9355959ee0ff878380c645e17d546a2482 1, postalCode=263001, st=UTTARAKHAND, serialNumber=B505B049BA2FDAC35E7AE325DEE1505D6C35AF3D290C229CDC609 D61801E1E4F, cn=SHUBHAM KAPRUWAN Date: 2026.07.27 16:40:56 +05'30'