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2014 DIGILAW 883 (MP)

Shalini Jain v. State of M. P.

2014-07-24

A.M.KHANWILKAR, ALOK ARADHE

body2014
ORDER 1. Heard counsel for the parties. 2. Three reliefs have been claimed in this writ petition. The first is to question the validity of Rule 8 of the Recruitment Rules named as Madhya Pradesh Transport Department Subordinate (Class-III Executive) Service Recruitment Rules, 2011. The second relief is to quash the advertisement, Annexure P/1, which specifies the minimum height for woman candidate as 168 cms. The third relief is the consequential relief prayed by the petitioner. 3. It is not in dispute that the validity of Rule 8 of the Rules of 2011 has been examined by the Division Bench of this Court. The operative order passed by the Division Bench reads thus : “32. Consequently, the petition is disposed of with the following directions:- (i) Schedule III of Rule 8 of Rules of 2011, which prescribes minimum physical qualification of Transport Constable (Female) as 1.68 Meter height is hereby quashed. The minimum qualification of chest would not be applicable to female. (ii) The State is directed to prescribe proper physical qualifications in regard to height for Transport Constable (Female) in accordance with the observations made by this Court in the order. (iii) The appointments made by the Transport Department of male candidates against the posts reserved for female candidates are hereby set aside. (iv) It is directed that the State shall fix the physical qualification of height for the post of Transport Constable (female) in Transport Department and incorporate the same in the Rules of 2011 within a period of four weeks from today and thereafter the State shall conduct a fresh selection of remaining vacancies to the post of Transport Constable (female), which could not be filled up in pursuance to the selection process initiated vide notification (Annexure P/3) issued by the VYAPAM. No order as to costs.” 4. In our opinion, the reliefs claimed by the petitioner are worked out. As regards the consequential relief, the Department will have to act upon the directions contained in the above said decision rendered by the Division Bench in Writ Petition No.209/2013, decided on 27.1.2014 [Reported in 2014(1) JLJ 370 ]. If during the application of the said decision, the petitioner is found eligible having fulfilled the requisite parameters, we have no manner of doubt that the Department will give due effect to the directions contained in the above said judgment and process the claim of the petitioner accordingly. If during the application of the said decision, the petitioner is found eligible having fulfilled the requisite parameters, we have no manner of doubt that the Department will give due effect to the directions contained in the above said judgment and process the claim of the petitioner accordingly. Nothing more is required to be said in this petition. 5. Disposed of accordingly. ...............