Title: Vandana Kanwar and others vs. State Of Rajasthan and others
Decided on: 10th August, 2023
S.B. Civil Writ Petition No. 6847/2023
CORAM: HON’BLE Justice Dinesh Mehta
Introduction:
This writ petition arises from the petitioners’ challenge to the rejection of their candidature during the Physical Standard Test (PST) phase of the recruitment process for the position of Forest Guard. The rejection was based on certain chest measurement parameters set by the respondents, despite the petitioners having successfully cleared the Physical Efficiency Test. The matter was brought before the court to address the validity of the rejection.
Facts of the Case:
The petitioners, Vandana Kanwar, Om Kanwar, and Manju Kanwar Rathor, participated in the recruitment process for the post of Forest Guard, as per the notification dated 11.11.2020. Although they successfully passed the written examination, their candidature was called into question during the Physical Standard Test (PST) phase. The reason for their rejection was that their chest measurements did not meet the criteria set by the respondents.
Judgment:
Upon reviewing the measurements and the case in its entirety, the court found that all the petitioners failed to meet the parameters set by the respondents. Consequently, the petition was dismissed, and the stay petition was also dismissed.
While the court found no error in the respondents’ assessment, it expressed deep concern about the parameters set for female candidates, particularly the requirement for chest measurement. The court considered this requirement arbitrary and, in fact, demeaning to the dignity and privacy of women, as guaranteed under Articles 14 and 21 of the Constitution of India.
The court observed that a woman’s chest size is irrelevant in determining her physical fitness, and such a criterion lacks scientific validity. The requirement was deemed irrational and unwarranted, especially given that female candidates were already required to clear a Physical Efficiency Test involving different physical activities. The court noted that no similar chest size requirement existed for other government jobs, such as Police Constables, which involved comparable or greater physical activity.
As a result, the court urged the administrative authorities to reconsider this criterion and explore alternative means of assessing the desired level of lung capacity, while avoiding the unnecessary humiliation of women candidates.
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Written by Yagya Agarwal
