Institute of Legal and Management Studies

The Supreme Court has issued notice on a petition challenging the differential height criteria prescribed for general category and Scheduled Caste candidates as compared to tribal or hill area domicile candidates for the post of Junior Fire Supervisor at ONGC.

The bench comprising Justices Manoj Misra and Ujjal Bhuyan agreed to examine the issue while hearing a plea filed by P. Ashok Kumar, a candidate who challenged the Madras High Court's decision upholding the rejection of his candidature for the post of Junior Fire Supervisor at ONGC. The Petitioner contended that his application was rejected despite he being taller than several selected candidates from tribal or hilly areas, who were granted a relaxed height criterion under domicile-based concessions.

A recruitment advertisement was released by the Respondent-ONGC inviting applications for the selection of candidates for the post of Junior Fire Supervisor for ONGC, Karaikal, Southern Sector. The respondent specified the minimum height for tribal candidates as 163 cm and for other candidates as 168 cm. The petitioner admitted that he participated in the process of selection and was successful in the written examination. However, he was not selected during physical verification of height as he has not satisfied with the required height as prescribed in the recruitment notification.

Aggrieved by the non-selection, the Petitioner moved to the High Court, where the Single Judge heard the writ petition on merits and dismissed the same by observing that the writ petitioner's rejection was based on the eligibility as set out in the recruitment notification.

Challenging the Single Judge's decision, the Petitioner moved to the Division Bench in a Writ Appeal referring to the Union Government's circular prescribing the minimum physical and medical fitness standard for undergoing professional courses of National Fire Service College, Nagpur, in which the minimum physical standard of height for male is prescribed as 165 cms. He contended that the said cirucular issued by the Government of India was applicable to the case of the Petitioner, therefore he was eligible for selection to the post of Junior Fire Supervisor as called for in the recruitment notification issued by the respondent.

However, dismissing the Writ Appeal, the Division Bench reasoned that since the recruitment advertisement was not impugned per se, which clearly outlined the qualifications and criteria for selection, therefore found the Writ Appeal devoid of merit.

Aggrieved by this order, the Petitioner-candidate moved to the Supreme Court, which issued notice to the Respondents to be returnable within four weeks.

Cause Title: P. ASHOK KUMAR VERSUS THE GENERAL MANAGER OIL AND NATURAL GAS CORPORATION LTD. & ANR.

Ms. Haripriya Padmanaban, Sr. Adv. Mr. S. Prabu Ramasubramanian, Adv. Mr. Madhav Gupta, Adv. Mr. Manoj Kumar A., Adv. Mr. Vairawan A.s, AOR appeared for the petitioner

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