SPA/122/2026 on 7 July, 2026

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    Uttarakhand High Court

    SPA/122/2026 on 7 July, 2026

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     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
    THE HON'BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
                                AND
       THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
                  Special Appeal No.122 of 2026
                            7th July, 2026
    
    
       Uttarakhand Medical Service Selection Board
                                                 -----Appellant
    
                                Versus
    
       Nisha Ramola Alias Nisha Khetrapal and Others
                                              ----Respondents
                                With
    
                  Special Appeal No.123 of 2026
    
       Uttarakhand   Medical   Service   Selection   Board   and
       Another
                                                 -----Appellants
    
                                Versus
    
       Neha Manola and Others
                                                ----Respondents
                              With
                  Special Appeal No.125 of 2026
    
       Uttarakhand Medical Service Selection Board
                                                 -----Appellant
    
                                Versus
    
       Irene Roberts and Others               ----Respondents
                              With
                  Special Appeal No.204 of 2026
    
       Uttarakhand Medical Service Selection Board
                                                 -----Appellant
    
                                Versus
    
       Dhilpe Sheetal Mahesh and Others
                                                ----Respondents
    
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    Presence:-
    Mr. Gaurav Nagpal and Mr. Rakshit Srivastava, learned counsel
    holding brief of Mr. Ramji Shrivastava, learned counsel for the
    appellants.
    Mr. Ravindra Singh Bisht, Mr. Amar Murti Shukla, Mr. Vinay Kumar,
    and Mr. Ayush Gaur, learned counsel for respondent no.1.
    Mr. M.S. Bisht, learned Brief Holder for the State of Uttarakhand.
    Mr. Atul Bahuguna and Mr. Dushyant Mainali, learned counsel for
    respondent no.4.
    --------------------------------------------------------------
    JUDGMENT :

    (per Mr. Subhash Upadhyay J.)

    1. Since common question of facts and law are

    SPONSORED

    involved in this bunch of Special Appeals, as such, the

    same are being heard and decided together by this

    common judgment.

    2. Special Appeal Nos.122 of 2026, 123 of 2026

    and 125 of 2026 are directed against the order dated

    06.11.2025 whereby the bunch of three writ petitions

    WPSS No.2331 of 2024, WPSS No.2249 of 2024 and

    WPSS No.2283 of 2024 were decided. Special Appeal

    No.204 of 2026 is directed against the order dated

    24.03.2026 whereby WPSS No.2251 of 2024 was

    decided in terms of the judgment and order dated

    06.11.2025 passed in WPSS No.2331 of 2024 and

    connected matters on the consensus given by the

    appellant that the controversy was covered by the order

    dated 06.11.2025.

    3. The writ petitions were filed by the candidates

    who had applied to the post of Nursing Officers in

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    pursuance to an advertisement issued on 11.03.2024 by

    the appellant / Uttarakhand Medical Service Selection

    Board. The writ petitions were filed assailing the decision

    of the appellant whereby the candidature of the writ

    petitioners was rejected on the ground that they were

    not having valid registration with the Uttarakhand

    Nurises and Midwives Council till the last date of

    submission of application form i.e. till 01.04.2024.

    4. The writ petitioners contended that they were

    registered with the Nurses and Midwives Council of other

    States other than the Uttarakhand Nurses and Midwives

    Council and much prior to the last date of submission of

    application form they had requested for transfer of their

    registration to the Uttarakhand Nurses and Midwives

    Council.

    5. Admittedly, the registration certificates of the

    petitioners were transferred to the Uttarakhand Nursing

    and Midwives Council later on but after the last date of

    submission of application form i.e. 01.04.2024. The

    question, which arose before the writ court, was that as

    to whether the candidature of the writ petitioners could

    be rejected on the ground that they were not registered

    with the Uttarakhand Nurses and Midwives Council.

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    6. The learned Single Judge considered the said

    aspect and in view of the judgment rendered by the

    Hon’ble Apex Court in the case of Laxmi Saroj and

    Others Vs. State of Uttar Pradesh and Others

    (2022) 17 SCC 477 held that the issue involved in the

    writ petition was squarely covered by the judgment of

    the Hon’ble Apex Court and the decision of the

    appellants in rejecting the candidature of the writ

    petitioners was found to be unsustainable.

    7. The learned Single Judge considered the facts

    of WPSS No.2331 of 2024 and held as hereunder:

    “(3) Uttarakhand Medical Service Selection Board
    issued an advertisement on 11.3.2024, inviting
    applications against 1455 vacancies on the post of
    Nursing Officer in different government medical
    colleges/State Cancer Institute. Clause 6 of the said
    advertisement required that every candidate must be
    registered with Uttarakhand Nurses and Midwives
    Council on the last date of submission of application.

    Petitioner responded to the advertisement, however
    her candidature was rejected only on the ground that
    she was not registered with Uttarakhand Nurses and
    Midwives Council on the last of submission of
    application i.e. 1.4.2024.

    (4) Petitioner was registered with Haryana Nurses and
    Midwives Council on 2.8.2013 and she applied for
    transfer of her registration to Uttarakhand Nurses and
    Midwives Council on 6.2.2024; Uttarakhand Nurses
    and Midwives Council sent a letter to Indian Nursing
    Council on 12.3.2024 and also sought verification
    report from Haryana Nurses and Midwives Council on
    7.6.2024, however the fact remains that petitioner’s
    registration was not transferred from Haryana Nurses
    and Midwives Council to Uttarakhand Nurses and
    Midwives Council till the last date of submission of
    application.

    (5) It is not in dispute that registration of the
    petitioner was ultimately transferred from Haryana
    Nurses and Midwives Council and her name came to
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    be registered with Uttarakhand Nurses and Midwives
    Council on 4.7.2024. Now, the sole question which
    falls for consideration before this Court is whether
    petitioner’s application for appointment as Nursing
    Officer can be rejected on the ground that her name
    was not registered with Uttarakhand Nurses and
    Midwives Council on the last date of submission of
    application?

    (6) Learned Counsel for the petitioner relied upon a
    judgment rendered by Hon’ble Supreme Court in the
    case of Laxmi Saroj v. State of U.P., reported as
    (2022) 17 SCC 477. In the said judgment, while
    dealing with similar facts, Hon’ble Supreme Court held
    as under:

    “11. Thus, because of the late issuance of the
    registration by the U.P. Council, the appellants
    could not produce the U.P. Council registration
    either on the last date of the application and/or
    at the time of verification of documents and
    therefore, they were held ineligible.

    12. From the aforesaid, it can be seen that as
    such, there was no fault on the part of the
    appellants in not producing the U.P. Council
    registration either at the time of submitting the
    application forms or even at the time of
    verification of the documents. As such, all the
    appellants except one had applied for U.P.
    Council registration before the date of
    advertisement i.e. 15-12-2021. Therefore, for no
    fault(s) of theirs, the appellants could not have
    been made to suffer.

    13. The issue involved is directly covered by the
    decision of this Court in Narender Singh v. State
    of Haryana [Narender Singh
    v. State of Haryana,
    (2022) 3 SCC 286 : (2022) 1 SCC (L&S) 537] .

    In the said decision, it is observed and held by
    this Court that once it was found that there was
    no lapse/delay on the part of the applicant
    and/or there was no fault of the
    appellant/applicant in not producing the NOC at
    the relevant time, he cannot be punished for the
    same.

    14. When the aforesaid decision was pressed
    into service before the High Court on behalf of
    the appellants, the High Court has not followed
    the same by observing that the directions issued
    by this Court in Narender Singh [Narender Singh
    v. State of Haryana
    , (2022) 3 SCC 286 : (2022)
    1 SCC (L&S) 537] , were in exercise of powers
    under Article 142 of the Constitution of India.
    The aforesaid is a misreading and/or
    misinterpreting of the judgment of this Court.

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    This Court has specifically laid down the law that
    if it is found that there is no lapse/delay on the
    part of the applicant, he cannot be punished for
    no fault attributable to him. However, as in that
    case
    , another candidate/employee was already
    appointed, this Court had protected his service
    also while exercising the powers under Article
    142
    of the Constitution of India. Therefore,
    exercise of the powers under Article 142 of the
    Constitution of India was for protecting the
    service of another employee, Respondent 4 in
    that case
    . The High Court has as such, misread
    the judgment of this Court.”

    (7) Since issue involved in these writ petitions is no
    longer res integra, therefore, this Court has no
    hesitation in holding that rejection of candidature of
    petitioners, only on the ground that they were not
    registered with Uttarakhand Nurses and Midwives
    Council on the last date of submission of application, is
    unsustainable. Writ petitions are, therefore, allowed.
    Order dated 18.11.2024, passed by the selecting body
    rejecting petitioners candidature, is set aside qua the
    petitioners. Respondents are directed to consider the
    claim of petitioners for appointment as per applicable
    selection criteria and also declare the result.”

    8. Learned counsel for the appellants placed

    reliance on the judgment of Hon’ble Apex Court in the

    case of Himanchal Pradesh State Electricity Board

    Ltd. and Another Vs. Dharminder Singh 2022 SCC

    Online SC 1855 to contend that the candidate should

    possess the requisite qualification on the last date of

    submission of application form and, as the writ

    petitioners were registered with the Uttarakhand Nurses

    and Midwives Council subsequent to the last date of

    submission of application form, as such, their

    candidature was rightly rejected by the appellants.

    9. We have perused the judgment passed in the

    case of Himanchal Pradesh State Electricity Board
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    Ltd.
    (supra), however, the facts of the said case are

    different and not applicable in the controversy involved

    herein.

    10. In the aforesaid case, the candidate therein

    was not possessing the requisite technical qualification

    on the last date of submission of application form

    whereas in the case in hand the writ petitioners were

    possessing the requisite qualification as they were

    already registered with the Nurses and Midwives Council

    and their registration was subsequently transferred to

    the Uttarakhand Nurses and Midwives Council. It is also

    admitted fact that the process of transfer was initiated

    much prior to the last date of submission of application

    form and the name of the writ petitioners were

    ultimately transferred and were registered with the

    Uttarakhand Nurses and Midwives Council.

    11. Thus, the facts of the present case are

    identical to the case of Laxmi Saroj (supra) wherein

    the Hon’ble Apex Court while considering the judgment

    in the case of Narendra Singh Vs. State of Haryana

    (2022) 3 SCC 286 held that if it is found that there is

    no lapse/ delay, on the part of the applicant, he cannot

    be punished for no fault attributable to him.

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    12. The learned Single Judge had considered the

    entire facts in detail and we are in agreement with the

    view taken by the learned Single Judge that the case of

    the writ petitioners was squarely covered by the decision

    of the Hon’ble Apex Court in the case of Laxmi Saroj

    (supra).

    13. Thus, we find no infirmity in the order passed

    by the learned Single Judge. The special appeals fail and

    the same are, accordingly, dismissed.

    14. Pending applications, if any, also stand

    disposed of.

    (MANOJ KUMAR GUPTA, C. J.)

    (SUBHASH UPADHYAY, J.)
    Dated:07.07.2026
    SS

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