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2018 Supreme(HP) 564

SANJAY KAROL, SANDEEP SHARMA
Court on its own motion – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Petitioner: Mr. Deven Khanna, Amicus Curiae.
For the Respondents:Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma and Ms Ritta Goswami, Additional Advocates General.

JUDGMENT :

SANJAY KAROL, J.

1. Letter petitioners Ms Rekha Sharma and Ms Geeta Sharma, daughters of late Shri Het Ram Sharma (a Freedom Fighter), resident of Dadyal (Sundernagar), District Mandi, Himachal Pradesh, have highlighted a vital issue of public importance, i.e. of gender discrimination, in the State Policy, providing reservation in Government jobs to the wards of Freedom Fighters.

2. The questions, which arise for consideration in the present petition are:

1. Whether Policy of the State, providing reservation for recruitment, confined only to the unmarried daughters, unlike sons, who are married, is discriminatory or not?

2. If the marital status of a son does not make any difference in law, qua his entitlement or eligibility as a descendent, then why should marital status of a daughter, in terms of constitutional values, make any difference?

3. Whether there is a nexus with the objects sought to be achieved by the said action of the State?

3. Quite apparently, as per Policy of the State, married daughters and granddaughters of a Freedom Fighter, unlike sons and grandsons, are excluded from the benefit of reservation in jobs.

4. From the response, so filed by the State, averments



























































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