GITA MITTAL, J.

“The subordination of one sex to the other ought to be replaced by a principle of perfect equality, admitting no power or privilege on the one side, nor disability on the other.”

John Stuart Mill

1. This writ petition, instituted in public interest by the petitioner, complains of institutional discrimination by the respondents against women and prays for issuance of a writ in the nature of a mandamus to place female gainfully employed candidates at par with similarly placed male candidates and allowing their recruitment into the Indian Territorial Army. The writ petitioner contends that as per the advertisement put out by the respondents, there is no scope for women to join the Territorial Army as an officer, even if they are gainfully employed and within the age group of 18-42 years, while this is the eligibility condition enabling similarly placed men to join. The challenge, therefore, is premised primarily on the ground that this discrimination, based on gender, is violative of the fundamental rights guaranteed to all women under Articles 14, 15 and 16 of the Constitution of India and also impinges on their basic human rights.

2. In order to appreciate the