LUCKNOW: In a significant judgment, the Allahabad High Court has ruled out 100 percent reservation for any post and said that a gynaecologist can be a male as well, if he is found otherwise competent.
Related to a petition by a gynaecologist, Dr Alok Kumar Singh, privately practising in Sultanpur district of Uttar Pradesh, who had applied for one of the 244 posts, 160 of them for females, advertised by the State Public Service Commission on May 23 and 29, 2009. The advertisement provided that only female candidates were required to apply.
Dr Singh has a Master of Surgery in obstetrics and gynecology’. However, when his application was rejected on the ground that the vacancy was for female gynaecologists, he filed a petition in the Allahabad High Court, alleging his rights under Articles 14 and 16 of the Constitution.
Amit Sthalekar, counsel for the petitioner, argued that there is no restriction for admission of male doctors in MS course in obstetrics and gynecology .
A number of male doctors prefer to specialise and practise in obstetrics and gynaecology . The PG course in the specialty is open for both male and female candidates, without any reservation, except for 20 percent horizontal reservation for women in Uttar Pradesh.
The Bench of Justice Sunil Ambwani and Justice Kashi Nath Pandey ruled on Thursday that Article 15 (1) prohibits the state from discriminating any citizen on the grounds only of religion, race, caste, sex, place of birth or any of them. Special provisions can be made for women and children under Article 15. These special provisions, however, should not provide 100 percent reservation in favour of women on any post in public employment, if it causes invidious, uninformed and hostile discrimination to males.