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Allahbad High Court
G.C.MATHUR,A.K.KIRTY
Savitri Agrawal - Appellant
Versus
K.K. Bose - Respondent
Decided On : 11/17/1971
CONSTITUTIONAL LAW - ARTICLE 15(3) - SPECIAL PROVISION FOR WOMEN - REQUIREMENT OF A PRIOR RULE, REGULATION OR GENERAL ORDER - GRANT OF LIQUOR LICENCE TO A WOMAN ON THE GROUND OF SEX ALONE - NOT A SPECIAL PROVISION - VIOLATION OF ARTICLE 15(1).
Fact of the Case:
The appellant, a woman, was granted a hotel bar license over the respondent, who was the nephew of the previous licensee. The respondent challenged the grant of the license on the ground that it was based on an irrelevant consideration, namely, the appellant's sex, and that it violated Article 15(1) of the Constitution, which prohibits discrimination on the ground of sex.
Finding of the Court:
The court held that the grant of the license to the appellant solely on the ground of her sex was discriminatory and violative of Article 15(1) of the Constitution. The court found that no special provision had been made for women in respect of the grant of liquor licenses, and that the decision of the excise authorities to prefer women applicants to men applicants at the time of the disposal of the applications for the license did not amount to making a special provision for women.
Issues: Whether the grant of a liquor license to a woman on the ground of sex alone is a special provision for women within the meaning of Article 15(3) of the Constitution.
Ratio Decidendi: The court held that Article 15(3) of the Constitution permits the State to make special provisions for women and children, but that such provisions must be made in advance and cannot be made on an ad hoc basis. The court found that the decision of the excise authorities to prefer women applicants to men applicants at the time of the disposal of the applications for the license was not a special provision for women within the meaning of Article 15(3) because it was not made in advance and did not apply to all women.
Final Decision: The court dismissed the appeal and upheld the decision of the single judge quashing the grant of the license to the appellant.
G. C. MATHUR, J. :- This is a special appeal against the judgment of Broome, J., allowing the writ petition filed by respondent No.1, K.K. Bose and quashing an order granting a hotel bar licence for the sale of foreign liquor in Form F.L.6 to the appellant, Srimati Savitri Agarwal.
2. One J.K. Bose, uncle of respondent No.1, was running the Great Indian Hotel in Lucknow and held a licence in Form F.L.6 for the retail sale of foreign liquor since 1910. Respondent No.1 had been assisting his uncle in the running of the hotel as well as of the bar. In 1961, J.K. Bose died. By his will, he left the hotel and the bar business mainly to his nephew. Respondent No.1 applied for continuance of the bar licence in his name. A temporary licence was first granted to him but was later revoked on the ground that liquor licences were not heritable and that respondent No.1 had no preferential claim. Applications were then invited for the settlement of the licence held by the late J.K. Bose and a number of persons, including the appellant and respondent No.1, applied for it. The excise authorities prepared a comparative chart of the qualifications of the various applicants and, in this chart, the qualifications of respondent No.1 and of the appellant are mentioned thus:-
S.No. Name, parentage and Address. Age On 1-4-196 2.
Educati onal qualifica tions.
Financial status.
3 4 5
6. Sri K.K. Bose S/o late Sri M.K. Bose R/o Bose Buildings, Vidhan Sabha Marg, Lucknow and Sri V.D. Eremao No.1 Evelyn Lodge, Station Road, LKO.
1 2
Executors and principal beneficiaries under the will left by Sri J.K. Bose
Has enough financial resources and can invest sufficient amount.
Past experience in the excise business. Particulars of the proprietary rights of the applicant over the premises to be utilised for the lodging and entertainment of travellers.
7. Srimati Savitri Devi Agarwal, Radha Kunj, 55,Purana Qila, Lucknow.
36 years
Well convers ant in Hindi.
Any other information.
Remark s. 6 7 8 9
Has been intimately connected with and concerned in the business for the last about20 years.
Building of Great Indian Hotel Latoucha Road.
Real nephew of Sri J.K. Bose deceased licensee.
-
Remained in the midst of healthy business atmosphere of her family members. A building well suited for hotel and bar will be arranged in Aminabad or its vicinity.
- -
From a comparison of the relevant qualifications it is apparent that respondent No.1 had a much better claim to the licence than the appellant. But a note was put up by the District Excise Officer which, stated:-
"Under Rule 582 of the Excise Manual, Vol.1, the D.C. is empowered to settle the licence. Out of the applicants No.1 Smt. Rama Devi and No.7 Smt. Savitri Devi Agarwal in the chart are ladies. Going through the list of the applicants, I find that the cases of Nos.1 and 7 deserve sympathetic consideration as they are ladies, No.6 is the real nephew of Sri J.K. Bose, the deceased licensee. Government have clearly stated that such licences being personal they cease with the death of the licensee and as such they are not to devolve on the basis of heirship.
In my opinion, this licence should be settled with one of the ladies who definitely deserve better consideration. Out of the two ladies, the claim of No.7 is obviously much better. She is a literate woman and has enough financial resources for carrying out the business. She has also stated that she would be in a Position to have a building for starting the bar. I would strongly recommend that this licence may be settled with Smt. Savitri Devi Agarwal, Radha Kunj, Purana Qila, Lucknow".
This recommendation was accepted and the licence was directed to be issued to the appellant. Against the grant of this licence respondent No.1 filed a writ petition in this Court which was allowed by Broome, J. On
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