JUDGMENT

Shah, J.-Preference given to a woman for being appointed as a Principal of the Government College for Girls is held to be violative of Articles 14, 15 and 16 of the Constitution of India. On the face of it, it appears that such reservation in favour of a Woman for being appointed as Principal of exclusive Girls College cannot be held to be violative of right to equality.

2. However, this question is required to be decided in view of the judgment rendered by the High Court of Punjab and Haryana in Writ Petition No. 11694 of 1994 holding that Rules providing reservation/preference in favour of a woman is violative of Articles 15 and 16 of the Constitution. That judgment is challenged by filing this appeal.

3. For this purpose, the High Court interpreted Rules 5, 8 and 10 of the Punjab University Calendar Volume - III, which are as under:-

"Rule 5. The Principal of a women s college shall be lady who shall possess at least Master s Degree in 1st or 2nd Class or an equivalent degree with experience of teaching in a college. This rule shall not apply to Women s colleges whose men or women Principals have already been approved. Provided that on their retirement, a qualified lady Pri