MURARI KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Re: I.A. No. 6457 of 2018

(2.) Learned counsel for the appellant submits that the issue was very trivial, namely, consideration of the appellant for being recruited as a Constable, which has been denied to him only because there was an alleged shortage in the height of the appellant by 1 cm. Learned counsel submits that this shortage was even otherwise liable to be ignored inasmuch as the appellant did not suffer from any other infirmity.

(3.) The question of extending our powers under Article 226 of the Constitution of India so as to stretch the height which has been recorded by the authorities would be in violation of Article 16 of the Constitution of India as the equality of opportunity in matters of employment have to be viewed from the point of view that if this contention is accepted, then such candidates who were even short of a lesser length would be denuded of their opportunity to participate in the selection and get recruited. This principle, therefore, on equity cannot be applied on the facts presently involved as equity has to follow law and not otherwise.