Bombay HC Grants Interim Relief To Women Candidates For Fireman Post: Directs Pune Municipal Corporation Not To Disqualify Them For Not Satisfying 162cm Minimum Height Criteria

Accordingly, a bench of Justice G. S. Kulkarni and Justice Jitendra Jain observed, “In our opinion, prima facie case has been made out by the petitioners of an apparent discrimination. There cannot be different benchmarks for different corporations. Women candidates cannot suffer due to any arbitrary policy or any arbitrary approval of any such norms by the State Government, which discriminates between women candidates who are similarly situated”.

Advocate A. S. Rao appeared for the petitioners and AGP P. N. Diwan appeared for respondent no. 1 while Advocate Sneha Singh appeared for respondent no. 3- Pune Municipal Corporation.

The primary grievance of the petitioners was that the eligibility mandate requiring 162 cms height as the minimum criteria for the post was discriminating. It was alleged that they are being discriminated on the ground that they do not comply with the “height” norms which are sought to be implemented by the Pune Municipal Corporation.

The petitioners had further contented that Respondent No.2- Maharashtra Fire Brigade Service Administration, had in fact notified a minimum height of 157 cms for the women candidates to be eligible to participate in the selection for the post. However, the Pune Corporation along with three other corporations- Nagpur Municipal Corporation, Mumbai Municipal Corporation and Thane Municipal Corporation were the only Municipal Corporations which are now required to adhere to the norms of 162 cms height for the women candidates to be eligible for the said post.

It was further contended that in respect of several other Corporations which are similarly situated, the mandate of 157 cms is being followed for selection to such posts.

Therefore, considering the facts and circumstances in the case, and the contentions made by the petitioners, the bench observed, “In the above circumstances, by an interim order, we permit the petitioners to participate in the selection procedure being undertaken by respondent No.3, and they should not be disqualified on the ground of they not having the minimum height of 162 cms”.

The bench in the meantime, directed the respondents to file their respective reply affidavits and further directed that the “…Parties are put to notice that on the adjourned date of hearing an endeavour shall be made to pass final orders on the present proceedings”.

Cause Title: Pallavi Rajendra Jangale & Ors. v. The State of Maharashtra Thr. Secretary & Ors.