By the Court.—Heard Sri Punit Kumar Upadhyay, learned counsel for the petitioners and Sri R.N. Pandey, Additional Chief Standing Counsel for the respondent-State.

2. Petitioners are assailing sub-clause (2) of Clause 13 of Uttar Pradesh Yuva Kalyan Vibhag Evam Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari Evam Vyayam Prashikshak Adhinastha sewa Niyamwali, 2017 to the extent it prescribes minimum height as a criterion for physical fitness being void and violative of Article 14 and 16 of the Constitution of India. In other words the question for determination is whether the State Government can, inter alia, prescribe minimum height for the post of Regional Youth Welfare Officer and Exercise Trainer to be eligible for appointment.

3. The State Government initiated selection process for the post of Regional Youth Welfare Officer and Exercise Trainer. The petitioners fulfil the academic qualification, that is, they are graduate from recognized university and have degree/diploma in Physical Education. However, none of the petitioners have the minimum height prescribed for the post i.e. 167.7 cm, hence, the challenge to the rule prescribing height for the post.

Learned counsel for the petitioner submits that having due regard to the nature of the job to be preformed by the physical trainers, requirement of minimum height has no relevance, therefore, it is urged that the rule prescribing height as an essential requirement for appointment to the post is void and violative of Article 14. Further, it is contended that some of the petitioners have obtained training of Sports Coach from Neta Ji Subhash National Institute of Sports, Patiala, run and managed by the Sports Authority of India which does not prescribe height as a criterion for the course. In other words it is contended that the institutions and authorities imparting training and coaching course which is required for the post do not prescribe height for admission to the course, therefore, it is urged that it was not open for the State Government to have prescribed minimum height as an essential qualification for physical fitness. Further, the institutes/universities conferring diploma or degree in physical education do not prescribe any height as a criterion for admitting candidates for the course.

4. Sri R.N. Pandey, learned Additional Chief Standing Counsel appearing for the respondent submits that it is within the domain of the State Government to prescribe essential qualifications including minimum physical standards for a post. The appointing authority can prescribe minimum physical standards viz. height, chest and weight which cannot be objected to by the candidate merely for the reason that the institutes imparting diploma/degree or training in physical education do not prescribe minimum physical standards for admitting students for instructions in physical education course. Admitting candidates to a course imparting physical education is distinct and different from the essential qualifications and other conditions of service required by the appointing authority for the post. The Rule is intra vires and not violative of Article 14 of the Constitution.

5. Rival submission fall for consideration.

6. The impugned rule, inter alia, prescribes the following criteria for physical fitness:

Male Candidates/Height In Centimeters

a. Scheduled Tribes Candidates 160 cms

b. For other Candidates 167.7 cms

Female Candidates/Height In Centimeters

a. Scheduled Tribes Candidates 147 cms

b. For Other Candidates 152 cms

7. The rule mandates that all male candidates other than Scheduled Tribes must have minimum height of 167.7 cms, whereas, Scheduled Tribe candidates must not be less than 160 cms. It is thus evident from the impugned rule that the requirement of height is uniform for all persons (General/SC/OBC) except candidates belonging to the Scheduled Tribe. The rule is not discriminatory insofar as it relates to candidates belonging to General Category/Scheduled Ca