IMPORTANT POINT
Courts cannot travel beyond the pleadings.

JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Since, all these appeals involve identical issues both on facts and law, therefore, we have heard all these appeals in one bunch. We also propose to dispose of all these petitions by this common judgment and order, as the issues urged before us are identical.

2. Delay condoned.

3. Leave granted.

4. The appellants herein issued an advertisement inviting applications for making direct recruitment to the post of Prosecuting Officers in Jammu & Kashmir Police, in the State of Jammu & Kashmir. There are altogether two such advertisement/notices, the one issued on 24.3.2000 and the other dated 5.3.2003. In the aforesaid advertisment/notices, various criterion were laid down as essential suitability conditions. One such condition was with regard to age/physical qualifications to be possessed by the applicants. In the said advertisement, it was clearly mentioned that applications of only such candidates would be considered for selection who conform to the following physical standard fixed by the Government:-

“(i) Height - `5-6”

(ii) Chest

Unexpanded 32 =”,

Expanded 33 =”

5. In the said advertisement/notices, it was specifically indicated that Rule 176 of the Jammu & Kashmir Police Rules, 1960 (hereinafter referred as “the Police Rules”) would be applicable to the advertisement. The aforesaid advertisement/notices also prescribed amongst other criteria, the age/physical qualifications that must be possessed by the applicants. It also stated that the applicants must possess certain additional qualifications such as (i) A degree in law from a recognised University and (ii) Minimum 2 years of actual experience at the Bar.

6. Since the aforesaid advertisement refers to and specifically states that the said Rule would be applicable to the advertisement, the relevant part of the said Rules is required to be stated at this stage.

7. The said Rule 176 of Police Rules prescribes amongst other things, the physical and educational qualifications required for direct appointment as Inspectors, sub-Inspectors or Assistant Sub-Inspectors. It reads as follows:-

“176. Qualification for direct appointment as Inspectors, Sub-Inspectors or Assistant Sub- Inspectors

(1)******* ******** ******** ********

(2)******* ******** ******** ********

applications of only such candidates will be considered for selection who conform to the following physical standards fixed by the Government:

(i) Height ‘5-6"

(ii) Chest

Unexpanded 32 =”

Expanded 33 =” “

8. The respondents herein submitted their applications pursuant to the aforesaid advertisement. However, during the course of selection it was found that none of the respondents possesses the necessary physical qualifications as they do not fulfil the physical standards fixed by the Government either with regard to height or with regard to chest. Since the respondents were disqualified on the basis of aforesaid laid down standard on physical qualifications, they filed writ petitions in the High Court seeking for relaxation of the aforesaid Rules regarding minimum physical standards/qualification laid down in the advertisement as also in Rule 176 of the Police Rules.

9. The aforesaid writ petitions filed by the respondents were heard by a Single Judge of the Jammu & Kashmir High Court. The learned Single Judge considered the contentions raised by the respondents. On perusal of the respective contentions, the High Court found that it is only the standard of physical qualification which the respondents are lacking inasmuch as either in the minimum width of the chest they are not fulfilling the criteria or they do not possess the required and the advertised height. It was also observed that Prosecuting Officer has to appear in the Court and therefore, such officer would be required to exhibit mental ability rather than physical strength and therefore, the physical qualifications are not to stand in the way of such candidates. The High Court further held that neither the height nor the ches