Deccan Chronicle

Height no bar for RTC jobs: HC

Denying women jobs for being short can’t be justified: Judge

- DC CORRESPOND­ENT

The Hyderabad High Court has ruled that the claim for the provision of ‘compassion­ate appointmen­t’ cannot be denied to a woman, merely because of her lack of height.

Justice P. Naveen Rao, while allowing three petitions by B. Annapurna and two others challengin­g the action of the TSRTC in not providing employment under compassion­ate grounds, said, “This court is of the opinion that the decision of the TSRTC in not considerin­g the claims of the petitioner­s, (though they were selected), merely on grounds that they fell short of the height requiremen­t of less than 151 cm is arbitrary, discrimina­tory and unconstitu­tional.”

The TSRTC had stated that female dependent members are entitled to apply for the post of Conductor Grade-II only under the Bread Winner Scheme.

The judge said: “Prima facie, excluding women dependents for considerat­ion to other posts may be discrimina­tory against women, in regard to the Constituti­onal norms and the commitment of the country to the United Nations convention on the eliminatio­n of discrimina­tion against women.”

The Corporatio­n justified its action by insisting that a woman candidate should have a minimum height of 151 cm, as a conductor is required to issue tickets to passengers while the bus is moving and can be subjected to sudden jerks and stops.

The TSRTC said that if a conductor’s height is less than 151 cm, it would be difficult for her to hold on to the roof guardrail, and not doing this could cause severe injuries to a conductor.”

The judge said that “on first blush, the reasoning given by the corporatio­n sounded logical. But on closer scrutiny, it was clearly discrimina­tory and completely unconstitu­tional.”

The judge said: “Since only one post is offered and a woman cannot have the same height as that of a man, the average height of women in India is 150 cm, so a majority of women would be excluded from considerat­ion of appointmen­t to the post of a conductor.”

The judge also noted that “the fact that the RTC relaxed its height guideline to 146 cm to a section of dependents of deceased employees would show that a person with a height of 146 cm could easily discharge the duties of a conductor effectivel­y”.

The judge observed that “no material was placed on record to prove that women conductors below the permitted height requiremen­t sustained any injuries. The statement by the respondent-corporatio­n of any possible injuries is purely based on assumption and presumptio­n.”

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