WPSB/531/2025 of MANOJ KUMAR Vs STATE OF UTTARAKHAND on 9 December 2025

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS D1-

WPSB No.531 of 2025 Hon’ble Ravindra Maithani, J. Hon’ble Alok Mahra, J.

Mr. Vinay Kumar, Advocate for the petitioner. Mr. Pooran Singh Bisht, Additional C.S.C. for the State. Mr. Gaurav Nagpal, Advocate holding brief of Mr. Ramji Shrivastava, Advocate for the respondent no.2. By means of the instant petition, the petitioner seeks the following reliefs:- i) Issue a writ, order or direction in the nature of Certiorari calling for the record and quashing Clause 8 ‘Age’ of the Advertisement dated 13.11.2025 (Annexure No.04 to the writ petition), so far as it provides the upper age limit of years for participating in the selection process inasmuch as no provision for relaxation has been provided in favour of the candidates working as Medical Officer on contract basis in the Department. ii) Issue a writ order or direction in the nature of Mandamus directing the respondents to consider the candidature of the petitioner for granting relaxation in upper age limit in favour of the petitioner for participating in the regular selection process initiated on 13.11.2025 (Annexure No.04 to the writ petition) to the extent the petitioner has worked as Medical Officer on contract basis in the Department in view of provisions contained in Relaxation Rules, 2003. iii)

Issue

any suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. iv) Award the cost of writ petition to the Petitioner.

Heard learned counsel for the parties and perused the record. It is the case of the petitioner that he is working as a Medical Officer on contract basis at Community Health Centre Suyalbadi, District Nainital, for more than one year. He intends to apply for the recruitment of Doctors in Provincial Medical Services pursuant to advertisement dated 13.11.2025, issued by the respondent no.3, Uttarakhand Medical Service Selection Board (“the Board”), but the advertisement dated 13.11.2025, gives upper age limit of 42 years, by which the petitioner is aggrieved. He seeks age relaxation under the provisions of Uttarakhand Public Service (Relaxation in age limit for recruitment) Rules, 2003 (“the Rules”). In fact, the petitioner has challenged the Clause in the advertisement, by which the upper age limit has been prescribed, as also petitioner seeks directions to the respondents to consider the case of the petitioner for granting relaxation of upper age limit. Learned counsel for the petitioner submits that in view of the provisions of the Rules, the petitioner is entitled to age relaxation. He has already submitted a representation on 27.11.2025 to the respondent no.1/State of Uttarakhand, which is Annexure No.5 to the writ petition. He seeks directions to the respondent no.1/State to decide the representation that has been filed by the petitioner within a stipulated time. Learned State Counsel submits that, the representation dated 27.11.2025, which is Annexure No.5 to the writ petition, will be decided within two weeks from today. The Court takes on record the statement given by learned State Counsel. The writ petition is disposed of with the direction to the respondent no.1/State to decide the representation dated 27.11.2025, which is Annexure No.5 to the writ petition, within a period of two weeks from today, in accordance with law. In case, the representation is allowed, the petitioner shall be permitted to participate in the process of recruitment pursuant to the advertisement dated 13.11.2025.

(Alok Mahra J.) (Ravindra Maithani J.)

09.12.2025 RV