KAMLESH KUMAR DIXIT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition is filed for seeking a writ of certiorari for quashing the Clause Nos.5 (b) and 7 (b) of the impugned advertisement dated 1.5.2021, issued by the Secretary, Uttarakhand Medical Services Selection Board, the respondent no.6; a writ of mandamus directing the respondents to complete the recruitment process excluding the posts on which the petitioners are presently working, and not to disturb the peaceful functioning of the petitioners in the department; a writ of mandamus directing the respondents to provide rebate and relaxation to the petitioners as per existing rules and regulations dated 07.01.2019; a writ of mandamus directing the respondent nos. 1, 2 and 6 to provide the age relaxation to the petitioner no.2 to participate in the examination for which the last date of submission of form is 02.06.2021, and to direct the respondents to receive the application form of the petitioner no.2 through registered post for the recruitment of Assistant Professor, Nursing College at Dehradun.

(2.) Heard Mr. S.S. Yadav, the learned counsel for the petitioners, Mr. C.S. Rawat, the learned Chief Standing Counsel for the State and Mr. Sagar Kothari, the learned counsel holding brief of Mr. Ramji Srivastava, the learned counsel for the respondent no.6.

(3.) Mr. S.S. Yadav, the learned counsel for the petitioners submitted that the petitioners are M.Sc. Nursing. Pursuant to the advertisement dated 29.05.2010, they were selected as contract faculty against the vacant posts of Assistant Professors. Their appointments, as a contract faculty, were extended time to time on same terms and conditions. Till date, they are continuing in the Medical Education Department. Vide order dated 12.05.2021, the Director General, Medical Health and Family Welfare Department, the respondent no.5, has issued an order, by virtue of which the contract service of the petitioners have been extended in the contract faculty till 31.07.2021. The age of the petitioner no.2 is more than 48 years 11 months, whereas, the maximum age limit for appointment to the post of Assistant Professor is 42 years as per the impugned advertisement dated 01.05.2021. The petitioner no.2 has now become overage as per the impugned advertisement dated 01.05.2021. However, she is still working as Assistant Professor on the contract basis since 2010. Earlier, the petitioners had filed a Writ Petition No.247 (S/B) of 2018 " Kamlesh Kumar Dixit and others vs. State of Uttarakhand and others", before this Court, which was finally decided on 23.09.2020 with the directions that the services of the petitioners shall not be discontinued till the final selection on the posts. On 01.05.2021, the respondent no.6 invited applications for the recruitment of Associate Professors, and Assistant Professors in the Government Nursing Colleges. In total, there are 13 posts of the Assistant Professors. The respondents have not given any rebate for their past services as per Notification of the Government of Uttarakhand dated 07.01.2019, by which the Government has given weightage points and age relaxation. As she became overage, the petitioner no.2 is unable to participate in the selection process. On 07.10.2020, the Government of India has issued a memorandum, by which, it was directed that one time exercise will be done in terms of para no.44 of Uma Devi case. On 17.05.2021, the petitioners submitted representation before the respondent no.6. But the respondent no.6 has not considered the case of the petitioners for weightage point, and relaxation of the age.