The Union of India and another vs Sudheer Hareesh Belagali. Writ Appeal 100396/2015 decided on 10 November 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348391/1/WA100396-15-10-11-2020.pdf
Relevant paragraphs: 6 & 7. Admittedly, the respondent applied for the post of Deputy Judge/Attorney General (Deputy Commandant). It is a post that involves only office work and it does not demand any extreme fitness as that of a soldier. The notification issued by the appellants to recruit a person for the post of Deputy Judge/Attorney General (Deputy Commandant), which is a Group “A”, gazetted Non- Ministerial Combatized Post, prescribes the qualification and the eligibility criteria in detail. As rightly noticed by the learned Single Judge, it states that the minimum weight of the person is to be 50 kgs and it does not prescribe the maximum weight. It is not the case of the appellants that the conditions prescribed in the said notification is erroneous. Under the said circumstances, they cannot have recourse to the guidelines of Ministry of Home Affairs for medical examination and state that as per the said guidelines, the maximum weight is also prescribed.
9. Further, the post to which the petitioner has applied is a non-combat post and as per Article 14 of the Constitution of India, the Rules prescribed should have a reasonable nexus with the object sought to be achieved by it. Probably for the same reason, the upper limit for weight of a candidate is not prescribed in the aforementioned rules or the notification issued by the appellants
Writ Appeal dismissed upholding the order of the learned single judge.
Judgment link for the single judges order- http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/21020/1/WP105528-14-16-09-2014.pdf
Compiled by S. Basavaraj & Sumana Chamarty, Daksha Legal.
Daksha Legal 