JUDGMENT :

1. Both these petitions involve common question of law and facts, hence with the consent of all the parties, arguments have been heard together to decide these petitions by this common order.

2. The issue involved in these petitions is “whether the respondent can make gender discrimination on the basis of being male or female?”.

3. By way of filing these petitions, the petitioners are challenging validity of the order dated 17.10.1996 issued by Rajasthan State Electricity Board (for short “RSEB”), which reads as under:-

“According to the provisions of order No.RSEB/AS/Rectt./F.407/D.823 dated 23.8.95 the persons possessing qualification of high school or above are being appointed on preferential basis to the post of LDC or any other equivalent post. Looking to the large number of persons already working in clerical side, the matter was reconsidered by the M.I.M’s in their meeting held on 19.8.96 and it was decided that :-

a) The persons (Male) possessing qualification of high school and above but below graduation be appointed as Helper-I and posted at 33 KV Sub-Station and line works etc. Only Graduate persons (Male) be appointed as C.C.C. (Consumer Complaint Clerk).

b) The pe