100 per cent jobs for women ‘unconstitutional’, says Chhattisgarh High Court 

The PSC had issued the advertisement for 91 posts in December 2021 and quoted the government’s provisions of law while inviting applications only from women.
Chhattisgarh High Court
Chhattisgarh High Court

RAIPUR: Terming 100 per cent posts reserved for women in certain government employment as “unconstitutional”, the Chhattisgarh High Court has quashed the advertisement issued by the state Public Service Commission (PSC). A division bench comprising Chief Justice Arup Kumar Goswami and Justice N K Vyas set aside the regulations drawn up by the Chhattisgarh government that specified only female candidates to be entitled the recruitment to the posts of professors, principals and demonstrators in the government nursing colleges.

Earlier, the court had sought responses from the state government and the PSC. The state then contended that since the recruitment needs to be done in the college, where only the women candidates can take admissions, and therefore arrangements were put in place to facilitate women academicians teaching female students.

The PSC had issued the advertisement for 91 posts in December 2021 and quoted the government’s provisions of law while inviting applications only from women. Dr Ajay Tripathi, Alyus Xalxo, A K Kispotta and others moved the high court challenging such direct recruitment of only females in government jobs. Their lawyer Ghanshyam Kashyap and Nelson Panna pointing to Clause-5 (women only eligible) in the advertisement, stated that it violates Article 14, 15, 16 of the Constitution.

Rules  by the PSC violates Article 14, 15, 16

The regulations specifies — only female candidates are entitled for recruitment to the posts of professors, principals and demonstrators in the government nursing colleges. It violates Article 14, 15, 16 of the Constitution, according to lawyers.

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