ORDER :

1. The conclusion drawn in the impugned judgment that the respondent – Ex. Lt. Selina John’s release from the Military Nursing Service was wrong and illegal, does not require any interference, in spite of the arguments raised, questioning the reasoning given by the Armed Force Tribunal, Regional Bench, Lucknow.

2. We are unable to accept any submission that the respondent – Ex. Lt. Selina John, who was a Permanent Commissioned Officer in the Military Nursing Service, could have been released/discharged on the ground that she had got married. This rule, it is accepted, was applicable to only women nursing officers. Such rule was ex- facie manifestly arbitrary, as terminating employment because the woman has got married is a coarse case of gender discrimination and inequality. Acceptance of such patriarchal rule undermines human dignity, right to non-discrimination and fair treatment. Laws and regulations based on gender-based bias are constitutionally impermissible. ¹[Anuj Garg and Others v. Hotel Association of India and Others (2008) 3 SCC 1] Rules making marriage of women employees and their domestic involvement a ground for disentitlement would be unconstitutional.²[C.B. M