JAYSHREE ZINE Vs. MAHARASHTRA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Maharashtra Public Service Commission on 7th May, 2005 issued an advertisement in the newspaper advertising the vacancies for the posts of Assistant Motor Vehicle Inspector, Group 'C' in the Transport Department of the Home Department of State of Maharashtra. In all there were 207 posts to be filled in which included reserved posts as well. 62 seats were reserved for women candidates. It is the case of the petitioners that they fulfilled all the requirements and eligibility criteria and resultantly, they submitted applications for selection to that post. A written examination was held on 12th November, 2005. The petitioners claim to have qualified the test and called for physical fitness test and subsequently for interview in March, 2006. The petitioners were asked to appear/reappear for physical fitness test as there was some doubt in regard to measurement of their height. In April, 2006, the petitioners reappeared for physical fitness test. The concerned authorities of the Commission on 7th April, 2006, the date when they were subjected to physical fitness test, found that the height of the petitioners was short by 5 cms. or above of the prescribed height.

(2.) The petitioners felt aggrieved by this action of the respondents in not selecting them because of less height and they made a representation to the Chairman of the respondent- Commission explaining that they satisfied and fulfilled all the terms and conditions including educational qualification and practical experience, age, domicile etc. and claiming that they also satisfied the criterian as regards the height and in any case, the difference of 5 cms. was not of much difference which should result in rejection of the petitioners and the difference in height would fall within the tolerance limit. It is specifically averred in the writ petition that average height of women in Maharashtra as furnished by the Government data itself, is 151.2 cms. and resultantly, there was no justification for providing prescribed height criteria for being eligible for the post of Assistant Motor Vehicle Inspectors. The representation preferred by the petitioners was rejected on 12th April, 2006 resulting in filing of the present writ petition.

(3.) The challenge in the present petition is to the action of the respondents in rejecting the representation and denying them the post. The petition is primarily directed on the grounds viz. the criteria of height of 157 cms. has no nexus to the post of Assistant Motor Vehicle Inspectors. It is an arbitrary fixation and, thus, is liable to be quashed. Keeping in view the average height of women in Maharashtra, the height of 151 cms. should be treated to be sufficient compliance of the height standards particularly when the petitioners have qualified in all other aspects and they ought to have been given appointments and lastly that the reservation of posts for women has been frustrated by depriving the petitioners of selection and appointment to the said post which is impermissible in law. On these grounds, it is prayed that the respondent No.1 be ordered and directed to reconsider the petitioners for selection and if necessary by waiving objection about their height and/or in the alternative be ordered to be given provisional appointment to the posts in question.