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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Rajani Bhardwaj D/o Sh. N.R. Bhardwaj – Appellant
Versus
Director, Secondary Education – Respondent
ORDER :
Anoop Kumar Dhand, J.
For convenience of exposition, this judgment is divided in the following parts:-
| INDEX | |
|---|---|
| 1 | Prelude |
| 2 | Submissions by counsel for petitioner |
| 3 | Submissions by counsel for respondents |
| 4 | Discussions & Analysis |
| 5 | Judgments referred |
| 6 | Ratio Decidendi |
| 7 | Conclusion & Direction |
“Equality Knows No Gender. We cannot all succeed when half of us are held back.
Prelude:-
1. The 21st century has seen a global rise in women empowerment movements. The Universal Declaration of Human Rights, established in 1948, reaffirms the belief in the fundamental rights and equal dignity of all individuals, emphasizing freedom without any form of discrimination, including based on sex.
2. In the contemporary epoch, the discourse surrounding women’s empowerment and gender equality has transcended from mere rhetoric to a dynamic movement that has gained momentum across the globe. Women empowerment, at its core, refers to the process of enabling women to exercise their rights, make autonomous decisions and partake fully in the socio-political, economic and cultural spheres of life. It is a multi-dimensional concept that encompasses the dismantling of structural impediments that stifle women’s potential and pr
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.
The court established that gender discrimination in promotions violates constitutional rights, mandating equal consideration for all qualified individuals regardless of gender.
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....
Promotion is not a vested right and an employee only has the right to be considered for promotion.
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....
Promotion to Government service must prioritize merit and ability over seniority; no legal right to promotion exists.
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....
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