- (1.) 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 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 prescribe height for admission to the course, therefore, it is urged that it was 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 prescribe any height as a criterion for admitting candidates for the course.;