The Court disposed of a batch of petitions challenging the government decision to grant 100 per cent reservation for women candidates aspiring to become professors in nursing institutions.
To drive home its point, the State argued that its decisions are saved by Article 15(3), which does not prevent the State from making any special provisions for women and children. By virtue of the power conferred on the State, the Rules neither suffer from arbitrariness or illegality nor was it beyond the competency of the State to frame such Rules, the government argued.
Rejecting the argument, the Bench said that since the State’s decision is not saved by Article 15(3) of the Constitution of India which suffers from arbitrariness and are violative of Articles 14, 15 and 16 of the Constitution of India. Therefore, on the touchstone of equality before law and equality of opportunity in matters of public employment, the Rules can very well be quashed.
“…if we hold that Article 15(3) of the Constitution allows reservation for women and, accordingly, it can be provided in public employment, such an interpretation of Article 15(3) would be nothing but to nullify the main provision of public employment under Article 16(2) of the Constitution prohibiting discrimination on the basis of sex,” it was held.
With these observations, the bench disposed of the petitions.
Source: Barandbench
