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POs must meet physical eligibility conditions: SC
4/11/2011 9:40:53 PM
AGENCY
New Delhi: The Prosecuting Officers in Jammu Kashmir must meet the physical eligibility standards. This was held by the Supreme Court of India today. This judgement reversed the judgement of the state High Court which had ruled that prosecuting officers had to do mental work and therefore stipulations in the advertisement regarding standard of physical conditions were not mandatory.
A bench comprising Justices Mukundakam Sharma and Anil R Dave delivered the judgement today. Jammu Kashmir government in its advertisement dated March 24, 2000 and March 5, 2003 while inviting applications for the post of prosecuting officers in Jammu and Kashmir police had prescribed that the candidate must have minimum height of five feet six inches and width of unexpanded chest should be 32 and a half inches and that of the expanded chest should be 33 and a half inches.
Some of the rejected candidates who failed to meet the physical requirement approached the High Court challenging their rejection on the ground that physical qualifications should be relaxed.
The High Court allowed their petitions and directed the state government to consider them for selection again.
The Supreme Court while allowing the appeal of state of Jammu and Kashmir noted 'The qualifications to be possessed by the applicants have been prescribed in the rules and also in the advertisement for the reason that some of them are required to be posted at high altitudes and therefore they are required to have proper physique to be able to be posted to those places.
'We allow these appeals and set aside the judgement and orders passed by the High Court and dismiss the writ petitions.' Rule 176 prescribes physical standards for the post of police inspector, sub-inspector and assistant sub-inspector
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