New Delhi, May 6 (PTI) In a major
boost to women empowerment, the Supreme Court has upheld the
constitutional validity of a 2001 decision of the Uttar Pradesh
Government to reserve 50 per cent of primary teachers post for women.
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A bench comprising Justice K G Balakrishnan and Justice B N Srikrishna
upheld a division bench judgement of the High Court finding nothing
wrong in the reservation of 50 per cent for women notwithstanding the
prohibition contained in Article 15(1) of the Constitution.
Justice Srikrishna, writing fo the bench said "a large number of young girls below the age of 10 years were taught in the primary school and recognising that it would be preferable that such young girls are taught by women, the reservation of 50 per cent of the posts in favour of female candidates was held to be justified.
"We agree with the division bench of the High Court that there was no violation of Article 14, 15, 16 of the Constitution," he said.
Some of the unsuccessful candidates had challenged before the Allahabad High Court the decision of the state to reserve 50 per cent of the posts for women saying it was not warranted being over and above the reservations in favour of the backward classes, a view upheld by the single judge.
The state government had appealed against the single judge's order before the division bench. The latter's order was challenged before the Supreme Court by the candidates.
Justice Srikrishna, writing fo the bench said "a large number of young girls below the age of 10 years were taught in the primary school and recognising that it would be preferable that such young girls are taught by women, the reservation of 50 per cent of the posts in favour of female candidates was held to be justified.
"We agree with the division bench of the High Court that there was no violation of Article 14, 15, 16 of the Constitution," he said.
Some of the unsuccessful candidates had challenged before the Allahabad High Court the decision of the state to reserve 50 per cent of the posts for women saying it was not warranted being over and above the reservations in favour of the backward classes, a view upheld by the single judge.
The state government had appealed against the single judge's order before the division bench. The latter's order was challenged before the Supreme Court by the candidates.
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