ORDER :

S.C. Agrawal, J. - This appeal relates to appointment on the post of Telephone Operator in the Patna Telephone Exchange in pursuance of the advertisement that was published in the newspaper Searchlight dated 22-6-1982. As per the said advertisement, all the 40 posts of Telephone Operators in the said Exchange were reserved for female candidates only. The said advertisement was challenged by the respondent by filing a writ petition before the Patna High Court. The said writ petition was transferred to the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as "the Tribunal"). By the impugned judgment dated 19-5-1997, the Tribunal has allowed the said application and has quashed the advertisement as well as the appointments made on the basis of the said advertisement on the ground that 100% reservation of seats for women is not permissible under Article 16(4) of the Constitution and that Article 15(3) cannot be invoked to protect such reservation.

2. At the relevant time, recruitment to the post of Telephone Operator was governed by the Posts and Telegraphs (Telephone Operators) Recruitment Rules, 1968 (hereinafter referred to as "the Rules"). The said