Hema Pandey & Others vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties.

Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of WPSS No. 545 of 2022 are being considered.

By means of this writ petition, petitioner has sought 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 15.03.2022 (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 petitioner in the upper age limit criteria for one month and twelve days 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 dated 22-03-2022 in a time bound manner in light of 14 years of services as contractual Health Worker (Female) in order to avoid undue hardships to the petitioner.

Alternative Prayer

iv) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to regularize the petitioner’s service as Health Worker (Female) in contractual capacity with all consequential benefits.”

According to the petitioner, she is eligible for appointment on the post of Health Worker (Female) in Department of Medical Health and Family Welfare, Uttarakhand. According to her, an advertisement was issued by respondent no. 2 on 07.03.2018, whereby 380 vacancies on the post of Health Worker (Female) were advertised. The said advertisement, however, was subsequently withdrawn by State Government, in the year 2020.

Now, a fresh advertisement has been issued by Uttarakhand Medical Service Selection Board, Dehradun, on 15.03.2022, whereby 824 vacancies have been notified.

According to the petitioner, the vacancies notified by fresh advertisement included 380 vacancies, which were notified in 2018.

Grievance of the petitioner is that in 2018, when earlier advertisement was issued, she was within age, as prescribed in the advertisement however, at the time when fresh advertisement was issued, she has become overage.

According to the petitioner, eligibility of a candidate cannot be taken away due to inaction on the part of the authorities in holding selection, in time. Reference has been made to Rule 14 of Uttarakhand Medical Health and Family Welfare Health Worker and Health Supervisor (Male and Female) Service Rules, 2016. Rule 14 provides that Appointing Authority shall determine number of vacancies to be filled during the course of a year and intimate to Director General.

Learned counsels for the petitioners contend that provision contained in Rule 14 has been violated, as year-wise determination of vacancies was not done, which has resulted in delay in issuance of advertisement, consequently, petitioners have become overage, therefore, they are entitled for age relaxation.

Since decision regarding age relaxation has to be taken by employer and this Court cannot direct for granting age relaxation in upper age limit to a candidate, therefore, this Court thinks that ends of justice would be met if petitioners are permitted to make representation(s) to Secretary, Department of Medical Health and Family Welfare, Uttarakhand regarding age relaxation, who shall examine the matter and take appropriate decision thereupon within some stipulated time.

Accordingly, writ petitions are disposed of with liberty to petitioners to make representation(s) to Secretary, Department of Medical Health and Family Welfare, Uttarakhand. If petitioners make such representation(s) to concerned Secretary, within ten days from today, decision thereupon shall be taken within six weeks thereafter.

In the meantime, petitioners shall be permitted provisionally to participate in selection process and submit their application forms, which shall abide by the decision, on their representation(s).