G.P.MATHUR, J. - (1.) THE controversy involved in all these special appeals is identical and, therefore, they are being disposed of by a common order. Special Appeal No. 91 of 2000 (State of U.P. and others v. Param Hansh Singh) shall be treated as leading case.
(2.) AN advertisement was issued on 8.4.1997 inviting applications for the post of Excise Constables in the Excise Department of State of U.P. The applications were to be submitted before the respective Divisional Deputy Excise Commissioners. In pursuance of the advertisement, the respondents in the appeal (writ petitioners) applied for the post. A selection was held at the leval of Deputy Excise Commissioners on 28.8.1997 in which the physical measurement of the candidates namely, height and chest (expanded and unexpanded) was also taken. The writ petitioners having been selected were issued appointment letters on 30.8.1997. It appears that the State Government received complainants that the persons who did not meet the prescribed qualifications regarding physical measurement had been selected and consequently a direction was issued to the Excise Commissioner to hold a fresh examination of all candidates who had been selected. The Excise Commissioner, U.P. accordingly passed an order on 6.1.1998 directing that all the selected candidates should appear at the Head Quarters at Allahabad on 20.1.1998 for examination of their physical measurements. The Chief Medical Officer, Allahabad, constituted a team of two doctors namely, Dr. Ajit Singh and Dr. Anil Kumar, who measured the height and chest of over 100 candidates who had been selected in the selection held at the Divisional level in August, 1997. According to their report, the writ petitioners did not meet the requirement regarding physical standards prescribed in the Rules. The Excise Commissioner, U.P. by the order dated 1.10.1999 directed the Deputy Excise Commissioner to take appropriate steps by issuing notice for termination of the services of the writ petitioners. The Deputy Excise Commissioner, (thereafter, issued a notice to the writ petitioner (Paran Hansh Singh) on 7.10.1999 to show cause why his services should not be terminated, as he did not meet the requirement of the Rules regarding physical standards. Separate notices were issued to all the writ petitioners mentioning their height and chest measurement (expanded and unexpanded). The writ petitioners submitted reply to the show cause notices and after considering the same their services were terminated by the order dated 6.11.1999 on the ground that they did not meet the requirement of Rule 13 of the Rules which governed their recruitment. The termination order was challenged by the respondents by filing writ petitions under Articles 226 of the Constitution and the learned Single Judge by his judgment and order dated 4.1.2000 quashed the order dated 6.11.1999. Feeling aggrieved the State of U.P., Excise Commissioner and Deputy Excise Commissioner have preferred this special appeal. The Governor of U.P. exercising powers conferred by the proviso to Article 309 to the Constitution and in suppression of all existing rules and orders on the subject made Constables, Drivers and Tari Supervisors Services Rules, 1983 (hereinafter referred to as the Rules), which was published in U.P. Gazette on 23.5.1983. Rule 5(1)(c) provides that recruitment to the post of Excise Constables (ordinary scale) shall be made by direct recruitment. Rules 9 and 13 of the Rules, which have a bearing on the controversy in hand, are being reproduced below : Rule 9. A candidate who has : (i) served in the Territorial Army for a minimum period of two years. (ii) has obtained a 'B' certificate of the National Cadet Corps; shall others things being equal, be given preference in the matter of direct recruitment. Rule 13. No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidates is finally approved for appointment to the service, he shall be required to produce a medical certificate of fitness in accordance with the rules framed under Fundamental Rules 10 as contained in Chapter III of the Financial Hand Book, Volume II, Part III: Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion : Provided further that in the case of candidates for the posts' of Excise constables, their chest measurements should not be less than 81.3 cm. unexpended and 86.4 cm. after expansion and height should not be less than 167.6 cm. (162.6 cm. in the case of candidates belonging to Kumaon Division and the districts of Pauri Garhwal, Tehri Garhwal, Uttar Kashi and Chamoli).
(3.) THE second proviso to Rule 13 shows that the minimum height for the post of Excise constable (other than those belonging to hills) is 167.6 cm. and the chest measurement should not be less than 81.3. cm. unexpended and 84.6 cm. after expansion. It appears that the standards were originally in inches and after enforcement of the metric system, it was converted into centimeters. It converted into inches, the minimum height comes to 5 feet 6 inches and the chest measurement comes to 32 -34 inches. The measurement of the respondents done by the team of doctors at the Head Quarters on 20.1.1998 was found as follows : - Sp. App. No. 91 of 2000 Height 173.5 cm. (Param Hansh) Chest 79.5 cm. - 84 cm. Sp. App. No. 92 of 2000 Height 165.8 cm. (Prem Chand) Chest 82.0 cm. - 87.0 cm. Sp. App. No. 93 of 2000 Height 170.0 cm. (Rajesh Prasad) Chest 80.0 cm. - 85.0 cm. Sp. App. No. 94 of 2000 Height 161.5 cm. (Sanjay Hajela) Chest 84.0 cm. - 88.0 cm. Sp. App. No. 122 of 2000 Heigh 165.8 cm. (Ram Briksha Pd. Patel) Sp. App. No. 552 of 2000 (Suaib Ahmad) Sp. App. No. 121 of 2000 (Rajendra Kumar Sen) Sp. App. No. 121 of 2000 (Mohd. Salim) Sp. App. No. 121 of 2000 (Dinesh Kumar) Sp.App.No. 121 of 2000 (Rajendra Kumar) Chest 86.Ocm. -91.0cm. Height 170.0 cm. Chest 79.0 cm. - 84.0 cm. Height 165.7cm. Chest 81.0 cm. -86.0cm. Height 169.0 cm. Chest 79.0 cm. - 84.0 cm. Height 165.0 cm. Chest 84.0 cm. -85.0cm. Height 172.7 cm. Chest 80.0 cm. - 85.0 cm. ;