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2016 Supreme(Ker) 637

ANU SIVARAMAN
SANUJA. B. , NEDUMPURATHU, NADUVATHUCHERRY – Appellant
Versus
KERALA STATE BEVERAGES CORPORATION LTD. , REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION LTD. – Respondent


Advocates Appeared:
FOR THE PETITIONER: SRI. KALEESWARAM RAJ.
FOR THE RESPONDENTS: SRI. C.S. AJITH PRAKASH, SRI. NAVEEN.T., SRI. P.C. SASIDHARAN, SRI. P.K. VIJAYAMOHANAN.

JUDGMENT :

1. The petitioners in these writ petitions are challenging the constitutional validity of Clause No.37 of Rule 7 contained in Chapter VI of the Kerala Abkari Shops Disposal Rules, 2002 (hereinafter referred to as 'the Rules') and the Licence Condition No. 36 of the Foreign Liquor Rules. It is stated that the petitioners are persons, who had participated in the selection and had been included in the ranked list for appointment to the post of peon/helper in the Kerala State Beverages (Manufacturing & Marketing) Corporation Ltd. (hereinafter referred to as 'the Corporation'). By virtue of the condition contained in Rules and Government Orders to the effect that no women shall be employed in any capacity in a toddy or foreign liquor-1 shop, the petitioners were not given appointment in their turn in the vacancies which arose in the shops under the Corporation. In W.P.(C).No.12956 of 2014, there is an additional challenge against the condition contained in the notification issued by the Kerala Public Service Commission to the effect that women will not be entitled to appointment in shop vacancies.

2. Heard learned counsel for the petitioners, the learned Government Pleader and











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