( 1 ) WHETHER the provisions in the recruitment rules for the post of senior nursing tutor in the School of Nursing, Irwin Hospital, New Delhi, which make the post a female preserve, are constitutionally valid or not is the only question that this petition under Article 226 raises.

( 2 ) THE petitioner, a qualified a grade male nurse was appointed as "sister tutor" in the School of Nursing, Irwin Hospital New Delhi and was confirmed in the post against a permanent vacancy with effect from July 23, 1953, (Annexure a ). At that time, the petitioner was the only sister tutor in the School of Nursing and was, therefore, discharging administrative responsibilities in addition to the duties of a tutor. According to the petitioner, the responsibility and duties of a sister tutor are detailed in Annexure b to the petition. Annexure b purports to set out the responsibility and duties of "the senior nursing tutor". According to Annexure b , the senior nursing tutor or if there is only one nursing tutor, the nursing tutor, is responsible not only for teaching but has administrative duties as well. The duties include "periodical visits to student rooms to make sure that the