The guideline that denies an identity card to married daughters of ex-servicemen is violative of Article 14 of the Constitution of India and portrays gender bias. Marriage should not change the status of a daughter, and gender-neutral policies should be adopted.

ORDER :

WHAT FALLS FOR CONSIDERATION IS, THE TENABILITY OF A POLICY IN THE FORM OF A GUIDELINE, THAT THWARTS GENDER EQUALITY.

2. Succinctly stated, the facts germane for consideration of the lis are as follows:

The petitioner is the second daughter of one Subedar Ramesh Khandappa Police Patil. Khandappa Police Patil joins the services of the Indian Army on 25.06.1979 and was inducted into the Madras Engineering Group. In the year 2001, the father of the petitioner was deployed in an operation named Parakram at Gaziwala, Punjab, while performing his assigned task of mine clearance and handling with the Madras Engineering Group, one H.P.O. – 2 Mine gets exploded. The father of the petitioner sustained grave injuries due to the blast and later succumbed to the injuries, by then he had put in 22 years of service. Later, the father of the petitioner was categorized as a servicemen “killed in action” and was therefore, considered as “WARD OF BATTLE CASUALTY”. Father of the petitioner was survived by the mother of the petitioner, the first daughter and petitioner, the second. At the time of death of the father of the petitioner in the year 2001, the petitioner was 10 years old and was studying in the 4th standard. The petitioner completes her graduation in the year 2015 and became eligible to be considered for appointment in the State Government in any recruitment process that would ensue.

3. On 22.02.2019 the Directorate of Department of Sainik Welfare and Resettlement, Government of Karnataka issues a compendium of all welfare schemes pertaining to veterans, widows and disabled soldiers and their wards. As per several such welfare schemes, their wards were entitled to 10% of reservation in any recruitment process in all the departments of the Government. A notification comes to be issued by the Government of Karnataka on 26.08.2021 seeking to fill up the vacant posts of Assistant Professors in the Government First Grade colleges across the State. The recruitment notification is issued in terms of the Rules namely, the Karnataka Education Department Services (Collegiate Education Department) (Recruitment of Assistant Professor) (Special) Rules, 2020. The notification did provide for reservation to the ex-servicemen or the ward of the ex-servicemen.

4. The petitioner intending to apply for the post of Assistant Professor, as she was the ward of an ex-serviceman and finding herself eligible in all other criteria, approaches the 4th respondent/The Deputy Director of Zilla Sainik Welfare Board for issuance of a dependant identity card to demonstrate that the petitioner is the ward of an ex-serviceman. The 4th respondent declines to issue an identity card to the petitioner quoting guidelines for issuance of dependant identity cards which depicts that identity cards cannot be issued to married daughters. Therefore, loses hope of an opportunity of participation in the selection process and immediately knocks at the doors of this Court, calling in question the offending guideline and a consequential mandamus to consider her case under the ex-servicemen quota. This Court, entertaining the petition, directed the application of the petitioner to be processed in terms of its order dated 08.11.2022.

5. Heard, Sri Raghav Parthasarathy, learned counsel for Sri.Vivek.R., learned counsel appearing for petitioner, Sri.H.Shanthi Bhusan, learned Deputy Solicitor General of India appearing for respondent No.1, Sri.B.V.Krishna, learned Additional Government Advocate appearing for respondent No.2, Smt.A.H.Sunitha Ramesh, learned counsel appearing for respondent No.4 and Sri.N.K.Ramesh, learned counsel appearing for respondent No.5.

6. The learned counsel appearing for the petitioner would contend with vehemence that the guideline permits issuance of a card both to the daughter or a son of an ex-servicemen, the rider is, that it is issued only till the daught