LAWS(MPH)-2014-1-26

HIMADRI RAJE Vs. STATE OF M.P.

Decided On January 27, 2014
Himadri Raje Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) In this petition, the petitioners have challenged vires of Schedule III of Rule 8 of the recruitment rules named as Madhya Pradesh Transport Department Subordinate (Class III Executive) Service Recruitment Rules, 2011 (hereinafter referred as 'Rules of 2011'), which prescribes minimum physical qualification for female Transport Constable.

(2.) The main contention of the petitioners is that prescribing similar minimum physical qualification for male and female Transport Constables is violative to Article 14, 16 and Article 15 (3) of the Constitution and it negates reservation, which has been provided in the recruitment rules upto 30% for female candidates.

(3.) The petitioners pleaded that they were qualified otherwise to appear in the selection for appointment to the post of Transport Constable initiated by the VYAPAM in accordance with notification (Annexure P/3), however, they could not apply to the post because they did not fulfill the physical qualification of height 1.68 Meter and the particular requirement of chest unexpanded 81.00 cm. and expanded 86.00 cm. as prescribed in the advertisement in accordance with Schedule III of Rule 8 of Rules of 2011.