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ANOOP KUMAR DHAND
Tara Agrawat W/o Shri Subhash Chandra Vaishnava – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
ANOOP KUMAR DHAND, J.
1. For convenience of exposition, this judgment is divided in the following parts:
| INDEX | |
| (1) | Background |
| (2) | Factual Matrix of the case |
| (3) | Submissions by counsel for the parties |
| (4) | Analysis |
| (5) | Judgments referred |
| (6) | Ratio Decidendi |
| (7) | Conclusion |
1.1 Throughout history, women have played a vital role in nation-building, yet they have often faced barriers to equal participation in socio-economic activities. Gender bias has impacted many aspects of their lives. To address this, the Constitution of India takes significant steps to ensure gender justice as a fundamental principle. The Preamble promises justice-social, economic, and political-along with equality of status and opportunity, and fraternity that upholds individual dignity. It explicitly recognizes women as a distinct group and prohibits all forms of discrimination against them, paving the way for equal opportunities in education, employment, and advancement.
2. Article 14 under Constitution of India, guarantees the Right to Equality for Women, while Article 15(1) specifically prohibits discrimination based on sex. Furthermore, Article 15(3) allows
The court established that gender discrimination in promotions violates constitutional rights, mandating equal consideration for all qualified individuals regardless of gender.
Gender discrimination in promotions violates Articles 14, 15, 16, and 21 of the Constitution, establishing the right to be considered for promotion as a fundamental right.
Gender discrimination in appointment on the post of LDC is violative of Articles 14 and 16 of the Constitution of India.
Adverse reports if are expunged or if not as per the rules, and the time has run out for affirming or rejecting the same by the authority as in the present case, the same shall not be a reason to den....
Classification based on educational qualifications for promotion is permissible under Articles 14 and 16 of the Constitution, provided it is reasonable and has a rational connection to the objectives....
The court ruled that granting bonus marks based on residence violates the principles of equality under Articles 14, 15, and 16 of the Constitution.
Promotion is not a vested right and an employee only has the right to be considered for promotion.
Gender discrimination in promotion denies equal opportunity and violates constitutional rights, necessitating a fair evaluation and common seniority list for Police Constables.
Promotions for SC/ST candidates against unreserved vacancies require quantifiable data proving inadequacy of representation, and any related clarifications issued without such data are unconstitution....
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