IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2169 of 2000 REENA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 4. 14.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was an applicant for the post of Women Constable under Advertisement No. 1 of 1998. Her grievance is that despite her having a height of 171 cm. women candidates below her height have been appointed ignoring her candidature. Counsel for the State sought to persuade this Court that of the total vacancies, six posts were reserved for Women of the Backward Class category. No seat for women of the general category was available as per reservation roster. This Court on 22.2.2008 had required the respondents to file an additional counter affidavit on the issue of appointment of Women Constable when there was no such stipulation in the advertisement. Advertisement No. 1 of 1998 is on record. It does not specify any number of posts for women much less for reservation in women category. The requirement of height, chest expansion, long jump, high jump, discuss throw etc. prescribed in the advertisement are in general terms which has to be read as for male candidates. The criterion shall necessarily have to be different for women candidates. No such differentiation is specified in the advertisement. All that the advertisement provides in Clause 11 is for age stipulation for women candidates in the backward class category. Even if there was any approval for women candidate which apparently has not been published, there could not be 100% reservation as done by the respondents. The two counter affidavits on behalf of the State do not make even semblance of a suggestion as to how and why separate yardstick for selection for men and women were not specified in the advertisement, why the advertisement did not provide for women candidates and how 100% reservation was made. The submission of the Counsel for the respondents from a Division Bench order of this Court of July 2005 (the date of the month having been obliterated in the photo copy) in CWJC No. 8304 of 1999 and analogous cases is that this Court had held that Advertisement No. 1 of 1998 was now a stale matter and that the authorities had been directed to publish a proper notice inviting objections, does not impress this Court. Firstly, the order relied upon by the respondents relates only to male candidates. The issue there was only with regard to the height and the controversy with regard to the height claimed and that measured. The petitioner came to this Court on 1.3.2000. The directions by a Bench of this Court for paper publication was passed in CWJC No. 1282 of 2000 on 12.12.2000 in pursuance of which such paper publication was done on 4.2.2001. To this Court, the petitioner who had by then already come seeking protection of this Court was an exception and this Court is required to deal with her grievance in the manner presented by her before this Court. The writ application remained pending for eight years as this Court was unable to take it up due to its burden of matters on board. The petitioner cannot be allowed to suffer. Since considerable time has passed this Court does not consider it prudent to direct appropriate action with regard to the appointment made of women under the advertisement which per se satisfies this Court was illegal. However, that will not absolve the respondents of their duty to consider the case of the petitioner in the light of the admitted position not denied in the counter affidavit that women candidates having lesser height have been appointed. If the respondents propose to deny appointment to the petitioner, they would be obliged to accord equal treatment to those who have been illegally appointed. Let such consideration be done within a period of two months from the date of receipt and/or production of a copy of this order. The petitioner would be entitled to her seniority from the date that women candidates lower in height than her came to be appointed under the advertisement but shall not be entitled to any back wages. Snkumar/- (Navin Sinha,J.)