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2023 Supreme(J&K) 417

RAJNESH OSWAL, RAHUL BHARTI
Afshana Anjum Baba D/o Mubarak Ahmad Baba – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Salman Khursheed, Shah Faizal, Sakshi Kotiyal, Arifa Rashid.
For the Respondents: D.C. Raina, Fayaz Ahmad Bhat, Sajjad Ashraf, M.Y. Bhat, Hamza Prince, Jahangir Iqbal Ganai, Murfat Naseem, A. Haqani, Shaqir Haqani, Malika Rashid Wani, Aasif Wani, R.A. Jan, Aswad Attar, Taha Khalil.

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 Hillary in May, 1953 and 5 ft. tall Junko Ishibashi in May, 1975 making them first man and woman to be at the peak of the Mt. Everest to be followed in their footsteps by many men and women to scale the peak. As the long height was not an advantage for Sir Edmund Hillary, so was the short height not a handicap for Junko Ishibashi to conquer the Everest. However, given to the then Govt. of Jammu & Kashmir and also for the Jammu & Kashmir Pu

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