"उच्चतम -न्यायालय व उच्च-नय्यालय "के कुछ आदेश महिला आरछण ५०% तक और आर्ट/विज्ञान ५० आरछण नहीं,है ये समानता है ! पर आये निर्णय :
* पुरषो के बराबर अगर किशी महिला के नंबर है! तो उसे पहले पद दिया जाये गा!(सक)
* अगर , who possessed the qualifications as mentioned in the
advertisement, which cannot be open to challenge being the policy decision, the successfulcandidates have not been impleaded and the writ petitions are liable to be thrown away on this ground alone and lastly that the State Government has also taken policy decision by issuing.
1948. In the aforesaid case,
the Hon'ble Supreme Court was considering the provisions of Rules 22A
of the Andhra Pradesh State and Subordinate Service Rules framed under the provisions of Article
309 of the Constitution of India. Rule 22A, which was under consideration before the Hon'ble
Supreme Court is reproduced below :
"22A. Notwithstanding anything contained in these Rules or Special or ad hoc Rules :
(1) In the matter of direct recruitment to posts for which women are better suited than men,
preference shall be given to women ; (G.O. Ms. No. 472, G.A. dated 11-10-1985) :
Provided that such absolute preference to women shall not result in total exclusion of men in any
category of posts.
(2) In the matter of direct recruitment to posts for which women and men are equally suited, other
things being equal, preference shall be given to women and they shall be selected to an extent of at
least 50% of the posts in each category of O.B.C., S.C. and S.T. quota.
(3) In the matter of direct recruitment to posts which are reserved exclusively for being filled by
women they shall be filled by women only."
35. The validity of Sub-rule (2) of Rule 22A was challenged on the ground of violation of Article 14 or
16(4) of the Constitution of India. The Hon'ble Supreme Court held that by virtue of Article 15(3) of
the Constitution of India, the State, is permitted to make special provision for women, but the same
should be ithin reasonable limits, which have been broadly fixed at 50% at the maximum. The
Hon'ble Supreme Court held as follows :
"Article 16(2) provides that no citizen shall, on ground only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any
State Of U.P. And Ors. vs Anant Kumar Tiwari And Ors. on 23 November, 2002
Article 16 does not
touch upon any special provision for women being made by the State, it cannot in any manner
derogate from the power conferred upon the State in this connection under Article 15(3). This power
conferred by Article 15(3) is wide enough to cover the entire range of State activity including
employment under the State.
The insertion of Clause (3) of Article 15 in relation to women is a recognition of the fact that for
centuries, women of this country have been socially and economically handicapped. As a result, they
are unable to participate in the socio-economic activities of the nation on a footing of equality. It isin order to eliminate this socio-economic backwardness of women and to empower them in a
manner that would bring about effective equality between men and women that Article 15(3) is
placed in Article 15. Its object is to strengthen and improve the status of women. An Important limb
of this concept of gender equality is creating job opportunities for women. To say that under Article
15(3), job opportunities for women cannot be created would be to cut at the very root of the
underlying inspiration behind this Article. Making special provisions for women in respect of
employment or posts under the State is an integral part of Article 15(3). This power conferred under
Article 15(3), is not whittled down in any manner by Article 16."
the reservation provided for female
candidates and male candidates as also for arts and science groups are horizontal reservations to
meet the special situation as is prevailing in the State. He submitted that these persons are to be
accommodated within their respective category and the overall reservation would not exceed the
permissible maximum limit of 50% relying upon the decision of Hon'ble Supreme Court in the case
of Anil Kumar Gupta and Ors. v. State of U.P. and Ors., 1995(3) AWC 1653 : 1995(5) SCC 173 and S.
Sathyapriya and Ors. v. State of Andhra Pradesh and Ors., 1996(9) SCC 466, wherein the Hon'ble
Supreme Court has held that the reservation for special categories under Article 15(1) must be
adjusted against their respective vertical social reservation quota under Article 15(4).
decision of the Hon'ble Supreme Court in the case of Indra Sawhney and Ors. v. Union of India and
Ors., 1992 Supp. (3) SCC 217 and submitted that 50% reservation for women and 50% to science
and arts groups cannot be said by any stretch of imagination belonging to socially and/or
educationally backward classes of citizens so as to entitle them for reservation under Article 15 or 16
of the Constitution of India. According to him this reservation is over and above the reservation
available in accordance with provisions of U.P. Public Service (Reservation in S.C./S.T. and others
Backward Classes) Act, 1994. Article 15(1) of the Constitution of India provides that the State shall
not discriminate against any citizen on the grounds only of religion, race, caste, sex, place of birth,
or any of them. Similar provision has been made under Article 16(2) of the Constitution of India,
which prohibits discrimination in respect of any employment or office under the State on additional
two grounds also, namely, descent and residence. However, Article 15(3) of the Constitution permits
the State to make any special provision for women and children notwithstanding the prohibition
contained in the said Article. Looking into the need of female teachers to teach and the number of
girls, who are below the age of ten years or are in their early teens in the primary schools, i.e., from
Class I to Vth, we are of the view that the reservation made by the State Government for 50% female
candidates for imparting special B.T.C. training cannot be said to be illegal or arbitrary. These female candidates are to be selected against their respective categories and thus, the reservation is
only horizontal and not vertical. The provisions for selecting 50% candidates against their respective
categories is permissible in view of the provisions made under Article 15(3) of the Constitution of
India. Taking Into consideration the need of Arts and Science subject, the provisions made for 50%
Art candidates and 50% Science candidates cannot be said to be arbitrary.
Allahabad High Court
State Of U.P. And Ors. vs Anant Kumar Tiwari And Ors. on 23 November, 2002
Equivalent citations: 2003 (3) AWC 2060
Author: R Agrawal
Bench: S Sen, R Agrawal
JUDGMENT R.K. Agrawal, J.
1. Special Appeal No. 404 of 2002
who have participated and remained unsuccessful cannot challenge the impugned advertisement
and the selection by filing the present writ petition, the Government has taken a policy decision of
recruitment and appointment of such persons, who possessed the qualifications as mentioned in the
advertisement, which cannot be open to challenge being the policy decision, the successful
candidates have not been impleaded and the writ petitions are liable to be thrown away on this
ground alone and lastly that the State Government has also taken policy decision by issuing theALLALABD
, who possessed the qualifications as mentioned in the
advertisement, which cannot be open to challenge being the policy decision, the successful
candidates have not been impleaded and the writ petitions are liable to be thrown away on this
ground alone and lastly that the State Government has also taken policy decision by issuing , who possessed the qualifications as mentioned in the
advertisement, which cannot be open to challenge being the policy decision, the successful
candidates have not been impleaded and the writ petitions are liable to be thrown away on this
ground alone and lastly that the State Government has also taken policy decision by issuing .
सरकारी नौकरी - Government of India Jobs Originally published for http://e-sarkarinaukriblog.blogspot.com/ Submit & verify Email for Latest Free Jobs Alerts Subscribe
* पुरषो के बराबर अगर किशी महिला के नंबर है! तो उसे पहले पद दिया जाये गा!(सक)
* अगर , who possessed the qualifications as mentioned in the
advertisement, which cannot be open to challenge being the policy decision, the successfulcandidates have not been impleaded and the writ petitions are liable to be thrown away on this ground alone and lastly that the State Government has also taken policy decision by issuing.
1948. In the aforesaid case,
the Hon'ble Supreme Court was considering the provisions of Rules 22A
of the Andhra Pradesh State and Subordinate Service Rules framed under the provisions of Article
309 of the Constitution of India. Rule 22A, which was under consideration before the Hon'ble
Supreme Court is reproduced below :
"22A. Notwithstanding anything contained in these Rules or Special or ad hoc Rules :
(1) In the matter of direct recruitment to posts for which women are better suited than men,
preference shall be given to women ; (G.O. Ms. No. 472, G.A. dated 11-10-1985) :
Provided that such absolute preference to women shall not result in total exclusion of men in any
category of posts.
(2) In the matter of direct recruitment to posts for which women and men are equally suited, other
things being equal, preference shall be given to women and they shall be selected to an extent of at
least 50% of the posts in each category of O.B.C., S.C. and S.T. quota.
(3) In the matter of direct recruitment to posts which are reserved exclusively for being filled by
women they shall be filled by women only."
35. The validity of Sub-rule (2) of Rule 22A was challenged on the ground of violation of Article 14 or
16(4) of the Constitution of India. The Hon'ble Supreme Court held that by virtue of Article 15(3) of
the Constitution of India, the State, is permitted to make special provision for women, but the same
should be ithin reasonable limits, which have been broadly fixed at 50% at the maximum. The
Hon'ble Supreme Court held as follows :
"Article 16(2) provides that no citizen shall, on ground only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any
State Of U.P. And Ors. vs Anant Kumar Tiwari And Ors. on 23 November, 2002
Article 16 does not
touch upon any special provision for women being made by the State, it cannot in any manner
derogate from the power conferred upon the State in this connection under Article 15(3). This power
conferred by Article 15(3) is wide enough to cover the entire range of State activity including
employment under the State.
The insertion of Clause (3) of Article 15 in relation to women is a recognition of the fact that for
centuries, women of this country have been socially and economically handicapped. As a result, they
are unable to participate in the socio-economic activities of the nation on a footing of equality. It isin order to eliminate this socio-economic backwardness of women and to empower them in a
manner that would bring about effective equality between men and women that Article 15(3) is
placed in Article 15. Its object is to strengthen and improve the status of women. An Important limb
of this concept of gender equality is creating job opportunities for women. To say that under Article
15(3), job opportunities for women cannot be created would be to cut at the very root of the
underlying inspiration behind this Article. Making special provisions for women in respect of
employment or posts under the State is an integral part of Article 15(3). This power conferred under
Article 15(3), is not whittled down in any manner by Article 16."
the reservation provided for female
candidates and male candidates as also for arts and science groups are horizontal reservations to
meet the special situation as is prevailing in the State. He submitted that these persons are to be
accommodated within their respective category and the overall reservation would not exceed the
permissible maximum limit of 50% relying upon the decision of Hon'ble Supreme Court in the case
of Anil Kumar Gupta and Ors. v. State of U.P. and Ors., 1995(3) AWC 1653 : 1995(5) SCC 173 and S.
Sathyapriya and Ors. v. State of Andhra Pradesh and Ors., 1996(9) SCC 466, wherein the Hon'ble
Supreme Court has held that the reservation for special categories under Article 15(1) must be
adjusted against their respective vertical social reservation quota under Article 15(4).
decision of the Hon'ble Supreme Court in the case of Indra Sawhney and Ors. v. Union of India and
Ors., 1992 Supp. (3) SCC 217 and submitted that 50% reservation for women and 50% to science
and arts groups cannot be said by any stretch of imagination belonging to socially and/or
educationally backward classes of citizens so as to entitle them for reservation under Article 15 or 16
of the Constitution of India. According to him this reservation is over and above the reservation
available in accordance with provisions of U.P. Public Service (Reservation in S.C./S.T. and others
Backward Classes) Act, 1994. Article 15(1) of the Constitution of India provides that the State shall
not discriminate against any citizen on the grounds only of religion, race, caste, sex, place of birth,
or any of them. Similar provision has been made under Article 16(2) of the Constitution of India,
which prohibits discrimination in respect of any employment or office under the State on additional
two grounds also, namely, descent and residence. However, Article 15(3) of the Constitution permits
the State to make any special provision for women and children notwithstanding the prohibition
contained in the said Article. Looking into the need of female teachers to teach and the number of
girls, who are below the age of ten years or are in their early teens in the primary schools, i.e., from
Class I to Vth, we are of the view that the reservation made by the State Government for 50% female
candidates for imparting special B.T.C. training cannot be said to be illegal or arbitrary. These female candidates are to be selected against their respective categories and thus, the reservation is
only horizontal and not vertical. The provisions for selecting 50% candidates against their respective
categories is permissible in view of the provisions made under Article 15(3) of the Constitution of
India. Taking Into consideration the need of Arts and Science subject, the provisions made for 50%
Art candidates and 50% Science candidates cannot be said to be arbitrary.
Allahabad High Court
State Of U.P. And Ors. vs Anant Kumar Tiwari And Ors. on 23 November, 2002
Equivalent citations: 2003 (3) AWC 2060
Author: R Agrawal
Bench: S Sen, R Agrawal
JUDGMENT R.K. Agrawal, J.
1. Special Appeal No. 404 of 2002
who have participated and remained unsuccessful cannot challenge the impugned advertisement
and the selection by filing the present writ petition, the Government has taken a policy decision of
recruitment and appointment of such persons, who possessed the qualifications as mentioned in the
advertisement, which cannot be open to challenge being the policy decision, the successful
candidates have not been impleaded and the writ petitions are liable to be thrown away on this
ground alone and lastly that the State Government has also taken policy decision by issuing theALLALABD
, who possessed the qualifications as mentioned in the
advertisement, which cannot be open to challenge being the policy decision, the successful
candidates have not been impleaded and the writ petitions are liable to be thrown away on this
ground alone and lastly that the State Government has also taken policy decision by issuing , who possessed the qualifications as mentioned in the
advertisement, which cannot be open to challenge being the policy decision, the successful
candidates have not been impleaded and the writ petitions are liable to be thrown away on this
ground alone and lastly that the State Government has also taken policy decision by issuing .
सरकारी नौकरी - Government of India Jobs Originally published for http://e-sarkarinaukriblog.blogspot.com/ Submit & verify Email for Latest Free Jobs Alerts Subscribe