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Judgment
Petitioners have filed this petition under Article 226 of Constitution of India challenging orders dated 28/08/2024 and 30/09/2024, by which petitioners were informed that they were medically unfit since they do not have minimum height required for selection. Petitioners have filed representation. Said representation was rejected by order dated 30/09/2024.
Learned senior counsel appearing for petitioners submitted that medical standard was fixed arbitrarily. Standard fixed for male has been applied in case of female also. In view of same, it is arbitrary and against Constitutional right of petitioners, who are women candidates.
Counsel appearing for respondents submitted that respondents took examination with specific Rules informed to petitioners in advance. Petitioners were aware that they had to fulfill medical standard equivalent to that of Chapter VIII of Medical Evidence Rule of CIL. It is submitted that employment notification dated 09/01/2024 Clause 11 (XXI) specially lays down that appointment of selected candidates will be subjected to being found medically fit in Company's Medical Examination as per laid down Rules related to Medical Examination of CIL. Aforesaid stipulation in notification clarifies the fact that it was clearly informed to all candidates that what is requirement for medical fitness. Petitioners did not fulfil aforesaid medical fitness and their height was found to be short. Petitioners were found medically unfit since their height was found less than 62.5 inches i.e. 158.75 cm. It is further submitted that Medical Rules were amended later on and as per said amendment requirement for Group A service requirement is 147 cm. i.e. 4 feet 8 inches and requirement was 142 cm. for female i.e. 4 feet 6 inches. It is submitted that said amendment Rules were passed in 476th board meeting on 27/02/2025. Said Rules cannot be applied retrospectively for petitioners as same will amount to changing the Rules of game. In view of same, no interference is called for in Writ Petition. Writ petition be dismissed.
Heard counsel for the parties.
On going through facts and circumstances of the case it is found that it is universal truth that physical standards of male and female is different. Female have smaller frame and physic then male. Since it is universal truth, therefore, medical standard for female has to be set separately from male candidate. Respondents cannot say that changing said standard will amount to changing the Rules of game. Modified medical standard shall be applied to all women equally, therefore, no body will be prejudiced and same will be in tune with universal truth, which cannot be ignored and also in accordance with equal job opportunities to all persons irrespective of their sex.
In view of same, writ petition is allowed. Matter is remanded back to respondent authorities with direction to apply modified medical standard on petitioners and other female candidates, who were disqualified due to height and thereafter fresh result be prepared and appointment be made accordingly.