Court dismisses plea challenging the gender-based eligibility criterion, asserting compliance with statutory rules.
In a significant ruling, the Delhi High Court has upheld the requirement for male candidates to possess a valid Light Motor Vehicle (LMV) driving license on the date of the Physical Endurance and Measurement Test (PEMT) for the post of Sub-Inspector (SI) in Delhi Police. The court dismissed the petition filed by Vikram Kumar Jha, who challenged this eligibility condition on grounds of gender discrimination, noting that the stipulation is rooted in statutory recruitment rules.
The case, adjudicated by a bench comprising Justices V. Kameswar Rao and Manmeet Pritam Singh Arora, revolved around the recruitment notification issued by the Staff Selection Commission (SSC) in 2019. The notification mandated male candidates to present a valid LMV driving license at the PEMT stage, a requirement not extended to female candidates.
Petitioner Vikram Kumar Jha had argued that this gender-specific criterion was discriminatory. He contended that the delay in obtaining his driving license was due to COVID-19 pandemic restrictions and should not be held against him. The petitioner had qualified all stages of the examination but was disqualified for the SI post in Delhi Police due to the absence of a valid driving license at the PEMT stage. However, he was offered a position as SI in the Central Industrial Security Force (CISF), which he did not accept.
The court, in its judgment, clarified that the requirement for a driving license is embedded in Rule 7 of the Delhi Police (Appointment and Recruitment) Rules, 1980, which is specific to male candidates. Conversely, Rule 14(a) excludes this requirement for female candidates, thus not constituting discrimination but rather compliance with statutory provisions.
The bench also dismissed the petitioner's claim that a learner's license should suffice, referencing the Supreme Court's stance in the Alka Ojha case, which differentiates between a learner's license and a full driving license. The court further emphasized that the petitioner had ample time to fulfill this requirement well before the onset of the pandemic.
The judgment underscores the importance of adhering to statutory rules and eligibility criteria, affirming that exceptions cannot be made without challenging the underlying statutory provisions. The court's decision reinforces the principle that recruitment criteria, when rooted in law, must be uniformly applied without deviation.
Bottom Line:
Disqualification of a male candidate for the post of Sub-Inspector (SI) in Delhi Police due to non-possession of a valid driving license (LMV) at the time of Physical Endurance and Measurement Test (PEMT) upheld. Rule 7 of the Delhi Police (Appointment and Recruitment) Rules, 1980, mandating a valid driving license for male candidates, does not violate equality principles as Rule 14(a) excludes such a requirement for female candidates.
Statutory provision(s): Delhi Police (Appointment and Recruitment) Rules, 1980 - Rule 7, Rule 14(a)
Vikram Kumar Jha v. Union of India, (Delhi)(DB) : Law Finder Doc id # 2887140
