Are women unsuitable to perform the duties of Electricity Worker (Mazdoor) which involve climbing the poles, painting the transformers, assisting the engineers to draw electric lines, carrying materials to the work spot etc., requiring attention and execution round the clock? Whether Note (1) of Ext. P3 order of the Kerala State Electricity Board making women candidates ineligible for the above post is ultravires the Constitution of India?

2. Respondent No. 2-Kerala Public Service Commission (PSC, for short) issued Ext. P2 notification inviting applications for appointment to the post of Electricity Worker (Mazdoor) on requisition made by the Kerala State Electricity Board (hereinafter referred to, for short, the Board only). Ext. P2 was published in Gazette Extra-ordinary dated 17-5-2006. The method of appointment and the qualifications shown in Ext. P2 are in conformity with Ext. P3 rules. Note (2) to clause 7 of Ext. P2 prohibits women as also physically handicapped from applying for the post of Electricity Worker.

3. The petitioners, five in number, it is stated, possess the prescribed qualifications. According to them, but for the prohibition imposed against women for direct recruitment, they are eligible and qualified to apply for the post. The age of the petitioners ranges from 21 to 36 years. The duties and functions, as understood by the petitioners include transporting materials from stores, loading and unloading materials in section offices, conveying the materials to various places, assisting the line staff for the line maintenance, issuing invoices and notices to consumers, lifting the poles etc.

4. Ext. P4 order issued by the Board prescribes the duties and functions of certain categories of the field staff including Electricity Workers. It shows that in addition to the duties stated by the petitioners in the writ petition, the Electricity Workers will have to attend the complete works connected with the distribution and dismantling of 11 K.V./L.T. lines including erection of transformers and accessories under the supervision of Engineers, works connected with 11 K.V./L.T cable laying and allied works including excavation of cable trench, spreading of river sand, laying of bricks, etc. and back filling including digging out old 11 K.V. cable when required, installing street lights at locations specified by the superiors, cutting and removing the undergrowth and overhanging of trees, shrubs etc. scrapping and painting transformers and other structures etc. It is contended that there is no valid reason to exclude women candidates and deny them opportunity to get employment as Electricity Worker under the Board.

5. Reliefs prayed for include a writ of certiorari to quash that part of Exts. P2 and P3 which prohibits women from being considered for appointment to the post of Electricity Worker (Mazdoor) and a writ of mandamus directing the 2nd respondent to issue erratum notification providing opportunity to women candidates who are desirous of getting appointment as Electricity Worker (Mazdoor) to apply for the post.

6. The challenge to Exts. P2 and P3 is founded on

two main grounds. (1) There is violation of gender equality which is not only a fundamental right guaranteed by the Constitution of India but also a universally recognized human right. (2) Ext. P3 is inherently discriminatory in as much as Note (1) and (2) of that order allow women who are the dependents of Board employees to get appointment as Electricity Worker under the compassionate employment scheme as also against 5% vacancies in that post reserved for part-time contingent workers in the service of the Board while imposing prohibition against women who apply under the direct recruitment quota. In support of the contention that Exts. P2 and P3 have done away with gender equality, Shri. K.S. Madhusoodanan, learned counsel for the petitioners cited the decisions of this Court in Vijayamma v. State of Kerala {1977 KLT 677}, Rajamma v. State of Ker