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RAJNESH OSWAL, RAHUL BHARTI
Afshana Anjum Baba D/o Mubarak Ahmad Baba – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
| Table of Content |
|---|
| 1. height requirements and gender equality in public employment. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of applicable rules and prior requirements. (Para 6 , 7 , 8 , 10 , 12) |
| 3. candidate preparation and selection process overview. (Para 20 , 25 , 29 , 30 , 31) |
| 4. arguments for and against gender-neutral requirements. (Para 40 , 41 , 123) |
| 5. court findings on height requirement's legality and women's rights. (Para 162 , 165 , 167) |
JUDGMENT :
RAHUL BHARTI, J.
WP (C) No. 1757/2021
1. An upfront issue, in its legal connotation, in the case is that though body height of persons is a homogeneous dimension but can an agender homogeneity, equalizing male and female, be prescribed and applied in a selection process with respect to public employment to proclaim that it amounts to equality of height prescription under article 14 of the Constitution of India purporting no discrimination, directly or indirectly, against female candidates.
2. Mount Everest, standing at the height of 29030 ft. with a claim of being the highest point on Earth, succumbed to ascent by 6 ft. tall Sir Edmund
Reservation for women candidates is horizontal, while social reservation is vertical. Horizontal reservation cuts across the vertical reservation by applying interlocking reservation system. The arra....
Height requirements for promotions must be consistent and not arbitrary, ensuring equal opportunity for candidates from different regions.
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
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