Karnataka HC overturns transport dept’s decision to stop promotion over height
Bengaluru: The Karnataka High Court has overturned the transport department’s decision to deny promotion to P Manjunath, a First Class Assistant, based on his height.
A division bench comprising Justice Anu Sivaraman and Justice Anantharamanath Hegde passed the order after hearing the petition filed by Manjunath, emphasizing that the height requirement is not applicable to direct recruits.
The court directed that Manjunath be promoted within the next month according to the criteria prescribed for direct recruitment, with the promotion subject to a pending special appeal before the Supreme Court.
The court noted that the physical criteria for direct recruitment, outlined in the recruitment rules, are not applicable to those already in service. “The government has previously promoted 33 candidates without considering their height,” the bench stated. “Therefore, the petitioner is also eligible for promotion.”
Manjunath, who was serving as a First Division Assistant (FDA) in the Transport Department, had applied for promotion to the post of Motor Vehicle Inspector.
Despite meeting all other qualifications, his application was rejected on January 15, 2023, due to not meeting the height requirement of 168 cm.
Manjunath challenged this decision before the Karnataka Administrative Tribunal (KAT) arguing that the Central Motor Vehicles Act does not include height in the minimum qualifications for the post. KAT rejected his application, prompting Manjunath to appeal to the High Court.
During the hearing, Satish K Bhat, representing the petitioner, argued that an interim order from the Supreme Court in 2022 confirmed that Manjunath was eligible for promotion.
Bhat also highlighted that 5% of the department’s posts are filled through direct recruitment, which does not impose a height standard. He asserted that the same rule should apply to Manjunath.
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