Deng Xiaoping might roll over in his grave if he knew the state of affairs in Shenzhen, or throughout South China's Guangdong Province for that matter.

The former leader of China wouldn't qualify for a job in Shenzhen as a tax collector, or for any other civil servant's job down there. He'd be too short.

And the Shenzhen Intermediate People's Court, set up to protect the rights of, er, the people, apparently is too weak even to hear a case that is obviously based on pure discrimination.

How did all this start? It seems little folks do not measure up to the personnel qualification standards as spelled out by the Shenzhen Taxation Bureau, even if they've already proven they can do the job of a tax collector for the bureau there with bells on.

Take the young woman who sued them two years ago for not letting her become a civil servant. Not knowing her height had a darn thing to do with her job as a private contract tax collector - a role she'd been doing it quite well for eight years - she was encouraged to apply for a civil servant's position in the same job.

No joke. Eight years.

The woman, surnamed Fan, had the genetic misfortune of growing to be just 1.477 metres tall, just .023 of a metre too short for the job of a tax collector in Shenzhen.

Of course, she'd slaved along at one-third of the salary the bureau pays its regular civil servants. So, when the bureau announced it would hire 50 new civil servants as tax collectors, she figured, why not?

She had all the right qualifications as stated in the recruiting brochure, and was eager to serve the bureau and better herself.

Applicants had to have one-year's working experience with the bureau, a good educational background and Shenzhen permanent residency, all of which fitted her to a tee. What is more, she did extremely well on the qualifying exam, and was immediately placed in the 50 to be selected.

Everything was hunky dory, or so she thought, she told a colleague at China Daily.

Yet, out of the blue, the bureau's bureaucrats dropped a bomb on Fan, citing the Rules for Recruitment of Guangdong Provincial Civil Servants.

They said she didn't meet their height requirements of 1.5 metres for a woman.

"The height restriction wasn't on the notice of requirements. What's more, the Personnel Bureau permitted me to take my exam after they checked my residence booklet where my height of 1.477 metres is clearly written," Fan complained.

Men, the rules state, have to be 1.6 metres tall. So much for Deng Xiaoping's chance of getting a job with the bureau.

But back to Fan. Her lawyer fought hard for her to have a hearing of her case. Two years of appeals followed after she filed her suit. Finally, Fan got the bad news earlier this month. The Shenzhen Intermediate People's Court made a judgment that her case would not even be heard.

The court simply said matters concerning personnel recruiting by the government are not within its jurisdiction.

Why not? Is the government all powerful? Are small people - Deng, for instance - without protection under the law?

Where then can a person, tall or short, get a hearing in China, if not in the court that is allegedly set up to protect them?

"I was totally disappointed after two years' of appeals. At least my case should be given a chance to be judged. Now it seems a hopeless situation and I am ready to give up," Fan said.

Keep fighting Ms. Fan. Two things are certain in this world: death and taxes.

If there's justice in this world, you should be allowed to collect the one before the other occurs.

starcomment@yahoo.com