Bengaluru (Karnataka): The Karnataka High Court struck down the law providing 100 per cent reservation to women in Military Nursing Services. The HC at Dharwad struck down as unconstitutional the expression "if a woman" in Section 6 of the Indian Military Nursing Services Ordinance, 1943. The said section had prescribed that if a woman is found eligible for appointment as an Indian Military Nursing Services Officer, she may be appointed to the post.
A single judge bench of Justice Ananth Ramanth Hegde allowed the plea filed by Karnataka Nurses Association and Sanjay M Peerapur, who is serving as the principal and lecturer of KLE Nursing Institute, Hubli said, "Women are justifiably considered to be a separate class under the Constitution. However, it does not mean that there can be a hundred per cent reservation in employment for women to the exclusion of all others when the classification is solely based on sex without having any rational nexus to the object sought to be achieved.
The judge observed that the law providing for exclusive reservations without any intelligible differentia having nexus to the object sought to be achieved, violate the Constitutional guarantee under Article 14 and Article 16 (2) of the Constitution of India.
"The concept of reservation is to provide facilities to the underprivileged and not to deprive them of facilities. If 100 percent of women are allowed without reason, the idea of reservation will be nullified. Also, men will be excluded from the facility of reservation," the bench added.
Karnataka Nurses Association and Sanjay M Peerapur had challenged February 13, 2010, notification providing for 100 per cent reservation to women in Military Nursing Services, calling it discrimination. The petitioner sought the declaration of the word 'if a woman' in Section 6 of the Military Nursing Services Ordinance, 1943 as unconstitutional.
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