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Chhattisgarh Public Service Commission has released an advertisement for the posts of Assistant Professor (Nursing) and Lecturers in December 2021, which says that only female candidates are eligible for recruitment and appointment. The court called this step a violation of the Indian constitution.
Chhattisgarh High Court. (Photo Courtesy: highcourt.cg.gov.in)
Raipur: The Chhattisgarh High Court has struck down the government’s decision to provide 100 per cent reservation for direct recruitment of women to the posts of assistant professors and lecturers in all government nursing colleges in the state, terming it as “unconstitutional”.
According to the Indian Express, the court also struck down Note-2 prescribed in Schedule III of the Chhattisgarh Medical Education Service (Gazetted) Recruitment Rules-2013, in which only women candidates are eligible for direct recruitment to these posts. .
A division bench of Chief Justice Arup Kumar Goswami and Justice Narendra Kumar Vyas passed the order on Thursday (March 9).
Please explain that Chhattisgarh Public Service Commission (CPAC) based in Raipur has advertised for the posts of Assistant Professor (Nursing) and Lecturer in various subjects on 8th December 2021 following which a writ petition was filed by three persons on 24th December 2021 . imposed.
The present order was passed on the same petition. As per clause 5 of the advertisement, only female candidates were eligible for recruitment and appointment.
The petitioner stated that they possess the requisite educational qualification prescribed in the advertisement, but they were not allowed to submit the form in view of Note-2 of the Medical Education Service Recruitment (Suspended) Rules, 2013. He also contested clause 5 of the advertisement.
Arguing on behalf of the petitioners, advocates Nelson Panna and Ghanshyam Kashyap told the court, “Articles 14 (equality before law), 15 (religion, race, caste) of the Constitution while talking about giving 100 per cent reservation to women applicants. , prohibition of discrimination based on sex or place of birth) and 16 (equality of opportunity in relation to employment in the public sector).
The lawyers argued that under the 2013 rules, the posts of lecturers will be filled by direct recruitment and 50 per cent by promotion from the post of Nurse/Nurse Nurse/Assistant Nursing Supervisor; 75% of assistant professors will be directly recruited; While 25 percent of the seats will be filled by the promotion of lecturers. The lawyers argued that thus 100 percent reservation for women in direct employment violates constitutional provisions.
He said that in April 2021, 13 male candidates were appointed as nurses in the Department of Medical Education. The lawyers said that when there is no limit for admission of male candidates to BSc and MSc Nursing courses, 100 per cent reservation for female candidates is “irrational and arbitrary”.
Counsel appearing for the State argued, “100 per cent reservation for women candidates is protected by Article 15(3) of the Constitution of India because Article 15(3) states that States shall not make reservation for women and children. There is no bar to make a special provision. Based on the power vested in the state, the government has made rules, which are not arbitrary and illegal, nor are they beyond the powers of the state to make rules.
After hearing the arguments, the court concluded: “The 100 per cent reservation for women candidates for appointment to the post of Lecturer and Assistant Professor is unconstitutional and violative of Articles 14 and 16 of the Constitution of India, therefore, as stated in Schedule III of the Rules of 2013.” -2 as well as clause 5 of the advertisement are declared invalid and repealed.’
One of the three petitioners, 36-year-old Abhay Kispota, who has a degree in nursing and also an MBA in hospital administration, said, “It is a very good decision by the court and I welcome it.” Some say that it takes many years to pass the verdict in the court, but I want to tell them that we should raise our voices and fight against injustice.
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