‘100% reservation unconstitutional’: HC quashes clause in C’garh govt’s ad

Challenging the advertisement, a petition was filed by Abhay Kumar Kispotta, Dr Ajay Tripathi, and Alyus Xalxo claiming that ‘clause 5’ of the advertisement through which only women were eligible for recruitment and appointment is “unconstitutional.”

Chhattisgarh high court quashed a clause in an advertisement on recruitment for the posts of assistant professors and demonstrators in nursing colleges issued by the state government giving “100% reservation” to women.

Chhattisgarh high court (File Photo)

The high court in its order noted that the clause for the recruitment is “unconstitutional” as it violates Articles 14 and 16 of the Indian Constitution.

The order passed by the division bench of the high court on Thursday struck down a provision in Schedule III of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 which states that “only women are eligible for direct recruitment to the posts of demonstrators and assistant professors in government nursing colleges.”

Chhattisgarh Public Service Commission published an advertisement on December 8, 2021, for the recruitment of assistant professors (nursing) and demonstrators for different subjects.

Challenging the advertisement, a petition was filed by Abhay Kumar Kispotta, Dr Ajay Tripathi, and Alyus Xalxo claiming that ‘clause 5’ of the advertisement through which only women were eligible for recruitment and appointment is “unconstitutional.”

They contended that as per the 2013 Rules, 50% posts of demonstrators and 75% posts of assistant professors for nursing colleges are to be filled up by direct recruitment.

“At least 50% posts of demonstrators are to be filled up by promotion from staff nurse/nursing sister/assistant/nursing superintendent. 25% of the posts of assistant professors are to be filled up from demonstrators. Thus, the reservation for female candidates has been granted to the extent of 100% for direct recruitment which dehors constitutional provisions,” the petition against the advertisement stated.

By virtue of the above-stated Rules of 2013 and advertisement, the right of the petitioners to get employment is being violated, they said.

To this, Gagan Tiwari, counsel for the state, argued that the Constitution itself provides for special provisions in the case of women and children as per Article 15(3) of the Indian Constitution.

“The reservation for women in public employment cannot be under Article 15(3) of the Constitution and Article 16(2) of the Constitution bars reservation on the grounds of sex. However, a finding was recorded that women are a vulnerable section and, therefore, reservation can be provided in the quota of respective classes,” Tiwari argued.

After hearing both sides, the court observed, “100% reservation for female candidates for appointment on the posts of demonstrator and assistant professors is unconstitutional, violative of Articles 14 and 16 of the Constitution of India, and therefore, Note-2 in the Schedule-III of the Rules of 2013 as well as Clause-5 of the advertisement are adjudged illegal and hence, quashed.”