The Rajasthan High Court recently declared that the state cannot discriminate against men, as it quashed an October 1996 order by the Rajasthan State Electricity Board (RSEB). The order in question appointed only women as lower division clerks (LDC) under a compassionate scheme. The Court ruled that such exclusion of male candidates based solely on gender discrimination violates the Constitution of India, specifically Articles 14 and 16, which ensure equality before the law and prohibit discrimination on various grounds, including sex.
Justice Anoop Kumar Dhand, the single-judge presiding over the case, emphasized that the fundamental right to equality means that individuals in similar situations should be treated alike. The judgment was issued in response to petitions filed by two men who were not appointed as LDCs despite possessing the necessary qualifications. Instead, they were given the position of helper (group I). The RSEB defended its decision by stating that men were appointed as helpers due to a larger number of male applicants, while women were appointed as LDCs because fewer of them had applied.
However, the Court found that such reasoning violated both the Constitutional provisions and the Rajasthan State Electricity Board Ministerial Staff Regulations of 1962. The Court further noted that any classification by the State should be rational and have a reasonable connection to the intended objective. Consequently, the Court held that the RSEB's order was discriminatory and in violation of Articles 14 and 16, and it was thus quashed.
In this case, the challenge was not against a statute but a guideline or policy, which holds a lower standing than a statute. The Court emphasized that if statutes can be deemed violative of Article 14 for exhibiting gender bias, guidelines or policies would be even less significant if they displayed any form of discrimination.
Based on these considerations, the High Court quashed the RSEB order. Advocate Punit Singhvi represented the petitioners, while Advocates Aveesh Mourya and HC Mourya appeared on behalf of the State authorities.
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TAGS: Rajasthan High Court discrimination men quashing order Rajasthan State Electricity Board lower division clerk compassionate scheme Articles 14 and 16 Constitution of India equality employment gender discrimination Rajasthan State Electricity Board Ministerial Staff Regulations violation petitioner helper justification guideline policy rational classification reasonable nexus insignificance statute Constitutional Courts gender bias advocates Punit Singhvi Aveesh Mourya HC Mourya State authorities.
