UNION OF INDIA Vs. KIRAN CHANDRAHASYA TAYADE

JUDGEMENT

(1.) Rule made returnable forthwith. The writ petition is finally heard at the stage of admission with the consent of counsel of the parties.

(2.) The writ petition is directed against the order dated 20th March, 2007 passed by the Central Administrative Tribunal, Bombay Bench, Circuit Sitting at Nagpur, whereby the original application filed by the respondent came to be allowed.

(3.) The counsel for the petitioner has submitted that so far as the promotion to the post of Inspector is concerned, the eligibility criteria for female candidate is that the female candidate must have a Height of 152 Cms. and Weight of 48 K.g. It is submitted that unless and until this eligibility criteria is fulfilled by a female candidate, case of such female candidate cannot be considered for promotion to the post of Inspector. By the impugned order, the respondent has been directed to be examined by the Medical Board only for the purpose of ascertaining the correct weight of the respondent and the case of the respondent is not referred to the Board in order to ascertain the height of the respondent. The Tribunal, while passing the impugned order, has relied on the service book entry wherein the height of the respondent at the time of entering the service is mentioned as 152 Cms. The learned counsel for the petitioner, therefore, contended that the order impugned is not sustainable in law.