A division bench of Chief Justice Arup Kumar Goswami and Justice Narendra Kumar Vyas quashed the provisions of a law framed by the Chhattisgarh government, which specified that only female candidates are eligible for direct recruitment to the posts of demonstrators, professors and principals in government nursing colleges.
The Chhattisgarh Public Service Commission had published the advertisement on December 8, 2021, for posts of assistant professors (nursing) and demonstrators for various subjects and cited this law to seek applications only from women.
Abhay Kumar Kispotta, Dr Ajay TripathiAlyus Xalxo and others moved the high court against this. Their counsels, Nelson Panna and Ghanshyam Kashyapsaid they challenged the legality and constitutional validity of Note-2 of the Medical Education (Gazetted) Service Recruitment Rules, 2013.
The counsels submittedthat Clause-5 of the advertisement (which made it women-only) is in violation of Articles 14, 15 and 16 of the Constitution and argued that the petitioners have all the requisite educational qualifications prescribed in the advertisement, but could not apply due to this clause.
As per the 2013 law, the post of the demonstrator is to be filled by direct recruitment and 50% by promotion from the post of staff nurse/nursing sister/assistant nursing superintendent. It says 75% posts of assistant professors are filled by direct recruitment and 25% by promotion from the post of demonstrator. Similarly, the posts of professor and associate professor are 100% by promotion from assistant professor and associate professor. So is the post of principal from the post of professor, which amounts to 100% reservation in public employment for women in nursing colleges.
They pointed out that there is no restriction on male candidates applying for BSc and MSc nursing courses or post-graduation, hence 100% reservation in favour of female candidates is “illegal, irrational, arbitrary and violative of the Constitution.”
After hearing both sides, the HC bench quashed Note 5 and the advertisement.