HC strikes down 100% quota rule for women staff in nursing colleges

The court order came on a writ petition filed by three persons on December 24, 2021, following an advertisement issued by the Chhattisgarh Public Service Commission (CPSC), Raipur, on December 8 that year for the posts of assistant professor (nursing) and demonstrator for different subjects. As per Clause 5 of the advertisement, only female candidates were eligible for recruitment and appointment.

The petitioners said they had the requisite educational qualification prescribed in the advertisement but they were not allowed to submit their forms in view of Note-2 of the Medical Education (Gazetted) Service Recruitment Rules, 2013. They also challenged clause 5 of the advertisement.

Arguing for the petitioners, lawyers Nelson Panna and Ghanshyam Kashyap said before the court, “The advertisement is violative of Article 14 (equality before the law), 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 16 (equality of opportunity in matters of public employment) of the Constitution, while giving 100% reservation in favour of female applicants.”

The lawyers argued that as per the Rules 2013, the post of demonstrator is to be filled by direct recruitment and 50% by promotion from the post of staff nurse/nursing sister/assistant nursing superintendent; 75% of assistant professors are to be recruited directly, while 25% of posts will be filled by promotion from the post of demonstrator. Thus, the reservation for women to the extent of 100 per cent for direct recruitment violates constitutional provisions, the lawyers said.

They said in April 2021, 13 male candidates were appointed as nurses in the department of medical education. When there is no restriction on admission of male candidates in BSc and MSc nursing courses, 100% reservation for female candidates is “irrational and arbitrary”, the lawyers said.

The learned counsel on behalf of the state argued, “100% reservation for female candidates is saved by Article 15(3) of the Constitution of India as Article 15(3) provides that the state is not prevented from making any special provisions for women and children. By virtue of the power conferred on the state, the respondents have framed the Rules, which neither suffers from arbitrariness or illegality, nor is beyond the competency of the state to frame the Rules.”

After listening to the arguments, the court concluded, “100% reservation for female candidates for appointment on the posts of demonstrator and assistant professor 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.”

One of the three petitioners, Abhay Kispotta, 36, who holds a BSC nursing degree and an MBA in hospital administration, said, “This is a very good decision by the court and I welcome it. Some people say it takes several years in court to get a ruling but I want to tell them we must raise our voice and fight against injustice.”