HC refuses to 'condone' one cm excess height of a conductor

HC refuses to 'condone' one cm excess height of a conductor

Thakur is 179 cm tall, whereas rules say that maximum height of a bus conductor can be 178 cm.

His height has not posed any problem for him so far, his lawyers contended before Nagpur bench of High Court, but the High Court put finger on the rule.
Thakur applied to MSRTC in 1999 for a job on the compassionate grounds after his father, an employee with the corporation, died.

He sought conductor's post. However, the corporation said that he was not eligible, because his height was in excess of the prescribed height.

He was offerred a cleaner's post instead. But Thakur decided to move the court, saying that MSRTC's decision amounted to "unfair labour practice" as defined in Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act.
The Industrial court rejcted his plea, so he moved High Court. In 2003, High Court passed an interim order that he be appointed as a conductor, temporarily, while the case was pending.

When the case came up for final hearing before the High Court, his lawyer argued that while working as a conductor since 2003, Thakur had not faced any problem on account of his height.

However, the High Court held that if the courts were to relax the rule, that would "render it meaningless", because then somebody who is 180 cm tall may make the same argument.

Rejecting the petition, court also held that "a person seeking appointment on compassionate ground cannot insist on any relaxation (of rules) to accommodate him."
However, the court made it clear that MSRDC itself was at liberty to relax the rule in Thakur's case if it wished since he had been working with it for last seven years.