Gender discrimination in appointment on the post of LDC is violative of Articles 14 and 16 of the Constitution of India.

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 persons (Female) possessing qualification of high school and above will continue to be appointed as LDC.”

4. Counsel for the petitioners submitted that petitioner Ashish Arora was appointed on compassionate ground, on account of his father’s death while in service, and petitioner Dipendra Singh Mehta was appointed in place of his mother, who quit job under the “Golden Hand-shake Scheme”. Counsel submitted that the petitioners were having the requisite qualification (i.e. Secondary School Examination pass) for getting appointment on the post of Lower Division Clerk (for short “LDC”) as per Rule 10.1(A)(2) of the Rajasthan State Electricity Board Ministerial Staff Regulations, 1962 (for short “Regulations 1962”), but even then, they were given appointment on the post of Helper Gr.I on the basis of the order dated 17.10.1996, while similarly situated female candidates were given appointment on the post of LDC. Counsel submitted that reason of causing discrimination was the large number of male candidates in comparison to female candidates. Counsel submitted that no discrimination can be done on the basis of sex, and such action of the respondent has violated the fundamental rights of the petitioners contained under Article 14 of the Constitution of India. Counsel submitted that during pendency of these petitions, the petitioners were given appointment on the post of LDC in the year 2006 through regular selection process, hence the respondent be directed to provide the benefits of the post of LDC to the petitioners with effect from their initial date of appointment.

5. Per contra, the counsel for respondent opposed the arguments raised by the counsel for petitioners and submitted that looking to large number of male candidates, appointment was given to them on the post of Helper Gr.I and looking to less number of female candidates, appointment was given to them on the post of LDC. He further submitted that these petitions have become infructuous because appointment has already been given to the petitioners on the post of LDC during pendency of these petitions, hence interference of this court is not warranted.

6. Heard and considered the submissions made at the Bar.

7. This fact is not in dispute that Regulation 10 of the Regulations 1962 deals with Academic Qualification for the post of LDC and the same is read as under :-

“2. A candidate for direct recruitment to the Lower Division Clerks post must have passed Secondary Examination of the Rajasthan University or Education Board or a corresponding Examination of the same or any other University or any other examination recognized as equivalent by the Board for the purpose of these Regulations and must possess a working knowledge of Hindi written in Devnagri Script.

That he must know Hindi or English Type-writi