ORDER

1. These appeals by the Union of India relate to appointment on the posts of Enquiry-cum-Reservatjon Clerks in the four metropolitan cities of Madras, Bombay, Calcutta and Delhi. In April 1978 the Railway Administration took a decision tbat both the upper and lower class reservation counters in the Reservation Offices in the metropolitan cities of a Madras, Bombay, Calcutta and Delhi would have to be manned only by women. By circular dated 30-6-1978, it was decided that the Reservation Offices in the said metropolitan cities should constitute seniority unit separate from the rest of the Enquiry and Reservation cadre in the Railways. By the impugned judgment, the Madras High Court has quashed the said circular dated 30-6-1978 on the view that it was violative of provisions of Articles 14 and 16(1) and (2) of the Constitution. The High Court has rejected the contention urged on behalf of the appellants that it was protected by Article 15(3) of the Constitution. The High Court has held that Article 15(3) cannot be read as a proviso or an exception qualifying or restriction the guarantee under Articales 16(1) and (2) of the Constitution.

2. The learned counsel for the appellants