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ANANT RAMANATH HEGDE
SANJAY M. PEERAPUR S/O MALLAPPA PEERAPUR – Appellant
Versus
UNION OF INDIA, BY ITS SECRETARY, NEW DELHI – Respondent
ORDER :
1. Men are from Mars and Women are from Venus- thus goes the title of one of the popular nonfictions. Both men and women may agree or disagree with the author’s view who also said, one cannot live with them, and cannot live without them.
2. Be that as it may, the Constitution of India which embodies egalitarian principles at its core recognises both men and women as equal. At the same time, the framers of the Constitution being conscious of historical oppression and exploitation suffered by women devised constitutional measures to achieve the constitutional goal of equality by enabling the State to make special provisions for women, under Article 15(3) of the Constitution of India.
3. Yes, we agree that the State is enabled to make special provisions treating women as a ‘separate class’. Yet Article 15 (3) cannot override constitutional guarantee under Article 16(2), in the matter of employment under the State. Assuming that Article 15(3) controls Article 16(2), the State cannot provide a hundred percent reservation for women in employment under the State, is the contention of the petitioners. Thus, the challenge to the vires of Section 6 of the Indian Military Nursing Service
The court upheld the constitutionality of gender-based reservation in nursing courses, establishing that such discrimination is permissible under Articles 14 and 15 of the Constitution, aimed at empo....
Reservation for women candidates is horizontal, while social reservation is vertical. Horizontal reservation cuts across the vertical reservation by applying interlocking reservation system. The arra....
Promotions for SC/ST candidates against unreserved vacancies require quantifiable data proving inadequacy of representation, and any related clarifications issued without such data are unconstitution....
no mandamus can be issued by the Court to the State to collect quantifiable data relating to adequacy of representation of the Scheduled Castes and Scheduled Tribes in public services.”
The court affirmed that employers have the discretion to set educational qualifications for posts, which is not subject to judicial review unless found arbitrary or illegal.
Article 16 of Constitution of India talks about equality of opportunity in matters of public employment.
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