A lecturer at RA Poddar Ayurvedic College and Hospital has challenged the constitutional validity of a Government Resolution (GR) issued in May, 2001, restricting the benefits of 30% reservation for women in employment only to those belonging to the non-creamy layer.
Kalyan resident Madhuri Pachghare, 45, moved the Bombay high court (HC) after her application for the post of associate professor, in the discipline of Sanskrit Samhita Siddhant, was turned down by the Maharashtra Public Service Commission (MPSC) on September 9. She was rejected as she belonged to the creamy layer - possessing more income than stipulated by the state government in its May, 2001, GR.
In a petition filed through advocate Pooja Thorat, Pachghare contended that the pre-condition of submitting a non-creamy layer certificate for availing the benefit is discriminatory.
"The reservation for women by itself is a separate class and therefore, there cannot be further division as poor women and rich women. The very purpose behind earmarking 30% posts for women gets defeated because of this division," stated the petition.
The petition is likely to come up before a division bench of Justice DY Chandrachud and Justice Amjad Sayed this week.