A section in the C'garh government's advertisement is ruled to be unlawful "100%"
The Chhattisgarh High Court invalidated a provision that stated that women would get "100% reservation" for positions as assistant professors and demonstrators in nursing courses.
In its ruling, the high court said that the recruiting provision is "unconstitutional" since it contravenes Articles 14 and 16 of the Indian Constitution.
The Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013, which state that "only women are eligible for direct recruitment to the posts of demonstrators and assistant professors in government nursing colleges," were invalidated by the division bench of the high court's order on Thursday.
On December 8, 2021, the Chhattisgarh Public Service Commission released an advertising for the hiring of associate professors (nursing) and demonstrators for several subject areas.
Abhay Kumar Kispotta, Dr. Ajay Tripathi, and Alyus Xalxo filed a petition challenging the advertising, stating that "clause 5" of the advertisement, which stated that only women were eligible for recruitment and appointment, is "unconstitutional."
They said that according to the 2013 Regulations, direct recruitment is required to fill 50% of the positions for demonstrators and 75% of the positions for assistant professors in nursing institutions.
At least 50% of the positions for demonstrations must be filled by staff nurses, nursing sisters, assistants, and nursing superintendents who have been promoted. It is planned to fill 25% of the associate professor positions with demonstrators. Hence, for direct recruitment outside of constitutional rules, the reservation for female applicants has been provided to the level of 100%, according to the appeal against the advertising.
The petitioners claimed that the aforementioned Regulations of 2013 and advertising breached their right to employment.
Gagan Tiwari, the state's attorney, responded to this by claiming that Article 15(3) of the Indian Constitution already has particular protections for women and children.
"Article 15(3) of the Constitution does not provide a reserve for women in public employment, and Article 16(2) of the Constitution prohibits a reservation based on sex. Nonetheless, it was determined that women are a vulnerable group, thus they may be given a reservation in the quota for their respective classes, Tiwari said.
The court stated after hearing arguments from both sides that "100% reservation for female candidates for appointment on the posts of demonstrator and assistant professor is unconstitutional, violating Articles 14 and 16 of the Constitution of India, and as a result, Note-2 in the Schedule-III of the Rules of 2013 as well as Clause-5 of the advertisement are adjudged illegal and subsequently quashed."