Rajesh Tandon, J.-

Heard Shri C.D. Bahuguna, counsel for the petitioner and the standing counsel for the respondents.

2. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the advertisement dated 20.10.2004 published by the respondents.

3. Briefly stated, an advertisement was issued from the office of Joint Director of Education, Kumaun Division, Nainital and the same was published in the Daily issue of the news paper-'Dainik Jagran' on 20-10-2004. By the said advertisement, applications were invited from the candidates for appointment on the post of L.T. grade teachers in the Government educational Institutions. The last date for applying for appointment as L.T. grade teacher was 09-11-2004.

4. In the said advertisement, as many as 780 posts of L.T. grade teachers for different subjects were earmarked for Men's Branch and 120 posts were earmarked for Women's Branch. For the post of Biology teacher, 92 posts were earmarked for Men's Branch and 12 posts of teacher for Women's Branch. The petitioner applied for appointment as Biology teacher against 92 posts of Men's Branch and also against 12 posts of Women's Branch. The applications, applying for the post of Biology teacher, were sent by registered post on 29-10-2004 and 30-10-2004 and copies of the registry receipts dated 29-10-2004 and 30-10-2004 have been brought on the record of the writ petition by means of Annexure-S.A.-2 to the Supplementary affidavit dated 22-10-2005.

5. In the present petition, the advertisement dated 20-10-2004 has been sought to be quashed on the ground that certain condition of the said advertisement offends Article 14 and 16 of the Constitution of India. The particular condition, contained in the said advertisement, which has been challenged by the petitioner in matter of appointment, is quoted below:

(Means, for the post of teacher in Men's Branch, only men candidates will be eligible to apply for the post and for the post of teacher in Women's Branch only Women candidate will be eligible to apply for the post.)

6. The counsel for the petitioner has submitted that by virtue of the above mentioned condition of appointment, an arbitrary classification between Male and Female has been carved out in the matter of employment on ground of Sex alone, which is contrary to Article 16 (1) and (2) of the Constitution of India in-as much as Article 16 specifically forbids discrimination in the matter of employment on the ground of religion, race, caste, place of birth, residence or sex alone.

7. The counsel for the petitioner has further submitted that the number of posts of teacher in L.T. grade for Biology subject for women candidates have been earmarked too less, that is, 12 as compared to number of posts for Men candidates as 92, and since the number of posts earmarked for Women are too less as compared to the posts earmarked for men, the chances of selection and appointment of the petitioner and other women candidates as teacher in L.T. grade, has been substantially reduce.

8. Article 14 of the Constitution of India provides that the Srate shall not deny to any person 'Equality before the Law' or the Equal Protection of the Laws within the territory of India. Article 15 (1) provides that the State shall not discriminate against any citizen on certain grounds including the ground of SEX. Article 15 (1) of the Constitution reads as under:

"15. (1). The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, residence or any of them."

9. The counsel for the petitioner has also referred Article 16 of the Constitution of India which provides that there shall he Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Article 16 (1) and (2) of the Constitution of India reads as under:

"Article 16-(1)-There shall be equality of opportunity for all citizens in matter relating to employment or appointment to