In a recent case, the Bombay High Court, in Pallavi Rajendra Jangale & Ors v. State of Maharashtra & Ors, delivered a significant judgment highlighting the issue of discrimination in the selection criteria for the post of fire personnel in various municipal corporations. A division bench comprising Justices GS Kulkarni and Jitendra Jain observed that the use of different standards by different municipal corporations was discriminatory and could not be upheld.
The court firmly stated, “There cannot be different benchmarks for different corporations. Women candidates cannot suffer due to any arbitrary policy or any arbitrary approval of any such norms by the State Government, which discriminates between women candidates who are similarly situated.” This order, dated October 26, addressed the discrimination faced by four women who had approached the court, alleging that they were unfairly treated during the selection process for fire personnel in the Pune Municipal Corporation. The bone of contention was the eligible height requirement, set at 162 cm by the Pune Municipal Corporation, while the Maharashtra Fire Brigade Service Administration had previously notified a minimum height of 157 cm.
The petitioners contended that, apart from four municipal corporations – Nagpur, Mumbai, Thane, and Pune – all other corporations adhered to the Maharashtra Fire Brigade Service Administration’s height requirement. The division bench acknowledged that the petitioners had made a prima facie case of apparent discrimination.
Consequently, as an interim measure, the court allowed the women petitioners to participate in the selection process for the Pune Municipal Corporation without disqualifying them based on the 162 cm height requirement. However, the court clarified that this interim relief would be subject to the final decision in the writ petition.
The case is scheduled for further hearing on November 9, 2023. Advocates AS Rao represented the women candidates, while Additional government pleader PN Diwan appeared on behalf of the State. Advocate Sneha Singh represented the Pune Municipal Corporation. This judgment by the Bombay High Court serves as an important step towards ensuring equal opportunities for all candidates and eliminating discriminatory practices in the selection process for fire personnel in municipal corporations.