Nursing Officers Recruitment: Uttarakhand High Court Bars Previously Appointed Senior Officers From Participating In Fresh Recruitment Drive

The Uttarakhand High Court has placed an interim bar on candidates, who are already employed as Nursing Officers in the Medical Health Department, from applying to the newly notified Nursing Officer posts in the Medical Education Department.

A Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal has allowed the interim application filed by the appellants, Naval Kishore and Anita Bhandari, who are Nursing Officer aspirants. The court has issued notices in the matter and asked the respondent state authorities including the Uttarakhand Medical Services Selection Board to file counters within 27.11.2024.

“…In the meantime, the 1564 candidates, who have already been given the benefit being senior in graduation and age and have been selected, will not be allowed to participate in this selection process.”, the bench sitting at Nainital ordered.

A total of 2621 posts for nursing officers were advertised in 2020 by the state government. However, in 2021, this cumulative recruitment process for 2621 posts was withdrawn. In its place, two separate recruitment processes were formulated for Medical Education and Medical Health Departments. As a result, 1564 posts were advertised for appointment as nursing officers in the Medical Health & Family Welfare Department.

In 2023, during the first selection process to the Medical Health Department, it was stipulated that preferential consideration would be given to candidates who are Seniors in graduation and age. After closely following the above stipulation, appointment process to 1564 posts was completed by the Department.

Under the advertisement dated 11.03.2024, vacancies for Nursing Officers in the Medical Education Department were notified by the government. However, to the dismay of appellants, one of the conditions in this advertisement was also identical to the recruitment process completed for the Medical Health Department in 2023.

The fresh advertisement stated that Seniors by age and graduation as well as in-service persons will be permitted to participate in the newly notified recruitment.

While allowing the interim application, the court observed that already selected senior candidates would once again secure appointments if they were to participate, which would be discriminatory to other candidates.

“…in the second advertisement, if the selected candidates are allowed to participate as per the condition of the relaxation they will be the ones to be selected again and this will cause discrimination to the candidates, who have not been given the benefit of fair selection only on the ground that they are senior in age”, the court clarified.

The matter has been posted for further hearing on 27.11.2024.

Case Title: Anita Bhandari & Anr v. State of Uttarakhand & Ors.

Case No: SPA 231/2024

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