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1986 Supreme(Kar) 335

DODDAKALE GOWDA
SRINIVASAIAH – Appellant
Versus
STATE OF KARNATAKA – Respondent


DODDAKALE GOWDA, J.

( 1 ) AN educational institution, known as "maharani's Arts College for Women" situate in Mysore is exclusively meant for educating girls. Contention of petitioner is that he was second senior-most Reader in the College at the relevant point of time and Note-4 of the Karnataka education Department (Collegiate Education Department) (Recruitment) Rules 1964 (hereinafter referred to as the 'rules') which has denied opportunity of becoming of Principal of that College is ultra vires and illegal.

( 2 ) NOTES 3 and 4 of the Rules read thus :

"note 3 : The Senior most Professor or Assistant Professor as the case may be will be the principal of the College. Note 4 ; Only women shall be eligible for appointment as Principals of Women's Colleges".

As the post of Principal of Maharani's College is required to be filled up exclusively by Women, petitioner has challenged its constitutional validity, inter alia, contending that it is discriminatory, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

( 3 ) IN W. P. No. 6363/1980, Susheela Singh v. State and Ors. DD 3-10 1980 constitutional validity of this Note is left open. Article 15 (3) of the Con

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