LexSTATE OF J & K & ANR versus AJAY DOGRA
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[2011] 6 S.C.R. 57 STATE OF J & K & ANR. v.., AJAY DOGRA (Civil Appeal No.3066 of 2011) APRIL 07, 2011 [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.] A B Service Law - Recruitment - Jammu and Kashmir Police Rules, 1960 - Rule 176 - Direct recruitment of C Prosecuting Officers in Jammu & Kashmir Police - Advertisement issued - Essential suitability conditions laid down - One such condition with regard to age/physical qualifications to be possessed by the applicants - Rule 176 of the Jammu & Kashmir Police Rules stated to be applicable D to the advertisement - Respondents-applicants disqualified on the grou'nd that they did not possess the necessary physical qualifications - They filed writ petitions seeking for relaxation regarding minimum physical standards! qualification laid down in the advertisement as also in Rule E 176 of the Police Rules - High Court held that Prosecuting Officers are required to exhibit mental ability rather than physical strength and that the candidature of the respondents cannot be rejected merely on the ground that they did not fulfill physical criterion - Consequently, it directed that the cases F of all the respondents be considered for appointment - On appeal, held: The only prayer made in the writ petitions filed by the respondents was to grant relaxation to the criteria and standard of physical conditions prescribed for and required to be fulfilled - In the writ petitions, neither the validity of Rule G 176 with regard to physical conditions was challenged nor such conditions prescribed in the advertisement were challenged on the ground of validity- High Court went beyond the pleadings in holding that the physical conditions laid down 57 H 58 SUPREME COURT REPORTS [2011] 6 S.C.R. A were bad and arbitrary - The Court was not justified to decide the validity of the aforesaid Rule and the advertisement without there being any challenge to the same - It was not appropriate for the High Court to set aside the said physical conditions which were mandatory in nature - Pleadings. B The appellants issued an advertisement inviting applications for making direct recruitment to the post of Prosecuting Officers in Jammu & Kashmir Police, in the State of Jammu & Kashmir. In the advertisment, various criterion were laid down as essential suitability C conditions. One such condition was with regard to age/ physical qualifications to be possessed by the applicants. In the said advertisement, it was mentioned that applications of only such candidates would be considered for selection who conform to the physical D standard fixed by the Government with regard to height and with regard to chest. It was further mentioned that Rule 176 of the Jammu & Kashmir Police Rules, 1960 would be applicable to the advertisement. E The respondents submitted their applications pursuant to the aforesaid advertisement. However, during the course of selection it was found that none of the respondents possessed the necessary physical qualifications as they did not fulfil the physical standards F fixed by the Government either with regard to height or with regard to chest and they were thus disqualified. Respondents filed writ petitions seeking for relaxation regarding minimum physical standards/qualification laid down in the advertisement as also in Rule 176 of the G Police Rules. H The High Court held that the Prosecuting Officers have to appear in the Court and therefore, such officers would be required to exhibit mental ability rather than physical strength and further that the candidature of the STATE OF J & K & ANR. v. AJAY DOGRA 59 respondents cannot be rejected merely on the ground A that they did not fulfill physical criterion since the prescription of physical standard cannot be .said to be a criteria which has no nexus with the object sought tc;> be achieved. Consequently, the High Court directed that the cases of aH the respondents be considered fo~ the.ir· B appointment as against the posts' advertised and for which they had submitted their applications. Hence the present appeals. · Allowing the. appeals, the Court c HELD:1. A perusal of .the writ petitions filed by the respondents would prc;>ve and establish that the only prayer made in those Y.Jrit petitions was to grant relaxation to the criteria and standard of physical conditions prescribed for and required to be fulfilled. In D aforesaid writ petitions, neitherthe
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