JUDGMENT :

Narendra Kumar Vyas, J.

1. Since common question of law and facts are involved in both the writ petitions, they were heard analogously and are being disposed of by this common order.

2. The petitioners have preferred these petitions assailing legality and constitutional validity of impugned Note-2 prescribed in Scheduled-III of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 (hereinafter referred to as " Rules of 2013") by which only female candidates are made eligible for direct recruitment to the posts of Demonstrator and Assistant Professor in Nursing Colleges. The petitioners have also challenged Clause-5 of the advertisement dated 08.12.2021 issued by Public Service Commission (Annexure P/2) for direct recruitment in the service by which only female candidates are made eligible.

3. The brief facts as reflected from the records are that the impugned advertisement was published by the Chhattisgarh Public Service Commission, Raipur on 08.12.2021 for filling up various posts of Assistant Professor (Nursing) and Demonstrator for different subjects and as per Clause-5 of the advertisement only female candidates are eligible for recruitment and appointment to the post of Assistant Professor (Nursing) and Demonstrator. The petitioners who are having the requisite educational qualification prescribed in the advertisement for the post of Demonstrator Nursing, were not allowed to submit their forms in view of Note-2, mentioned in the Rules of 2013 as well as Clause-5 of the advertisement. As such, they have filed the present writ petitions. It is contended that as per Rules of 2013, 50% posts of Demonstrator and 75% posts of Assistant Professor for Nursing colleges are to be filled up by direct recruitment. 50% posts of Demonstrator are to be filled up by promotion from Staff Nurse/Nursing Sister/Assistant/ Nursing Superintendent. 25% of the posts of Assistant Professor are to be filled up from Demonstrator. Thus, he would submit that the reservation for female candidates has been granted to the extent of 100% for direct recruitment which is dehors constitutional provisions. He would further submit that the posts of Demonstrator and Assistant Professors for Nursing Colleges which have to be filled up by promotion, in which also as per Chhattisgarh Civil Services (Special Provision for Appointment of Women) Rule, 1997 (for short the Rules of 1997"), 30% seats on the basis of horizontal reservation have to be filled up and as such, the reservation for women will be more than 100%.

4. Learned counsel for the petitioners would further submit that at the time of studying nursing courses, there is no restriction between the male and female candidates and both are allowed to take admission in the course. By virtue of above stated Rules of 2013 and advertisement, the right of the petitioners to get employment is being violated and thus Note-2 of Rules of 2013 and advertisement are violative of Articles 14,15 and 16 of the Constitution of India. He would further submit that even in the promoted posts, in view of the Rules of 1997, 30% reservation has to be granted for women. As such, they are getting reservation beyond the permissible limit and accordingly, would pray for declaring Note-2 of the Rules of 2013 as well as Clause-5 of the advertisement ultra vires to the Constitution of India. Lastly, he would submit that for teaching in nursing courses, restriction imposed by the respondents that all the posts have to be filled up by female candidates, suffers from arbitrariness and without any foundation as teaching in nursing course can be imparted by male and female, as such, there is no justification for keeping all the posts for teaching to be reserved for female.

5. Learned counsel for the petitioners in support of his submissions, would refer to the judgments of Hon’ble Supreme Court in the cases of Indra Sawhney vs. Union of India, reported in (1992) Supp. 3 SCC 217, Government of Andhra Pradesh Vs. P