Introduction:

In a landmark ruling, the Karnataka High Court, presided over by Justice Ananth Ramanath Hegde, addressed the constitutionality of Section 6 of the Indian Military Nursing Services Ordinance, 1943, which reserved 100 percent recruitment for women in the cadre of ‘nursing officers’. The plea filed by Sanjay M Peerapur sought to strike down this provision, arguing that it violated the constitutional guarantees of equality and non-discrimination.

Arguments:

The petitioners contended that the provision in the ordinance, which exclusively reserved positions for women, was not justifiable under Articles 14, 16(2), and 21 of the Constitution. They argued that gender-based classification in public employment was not in line with constitutional principles of equality and reasonable classification. On the other side, the respondents justified the exclusive reservation, stating it aimed to address contingent temporary vacancies during wartime when male nursing officers were deployed to attend to soldiers.

Court’s Judgment:

The High Court held that while Article 15(3) allows for special provisions benefiting women, such provisions cannot override Article 16(2) concerning public employment. The court emphasized the need for a rational nexus between classification and the objective sought, which, in this case, was not demonstrated. It deemed the exclusive reservation without reasonable grounds as a violation of constitutional rights. The Court also noted that the ordinance, a colonial law adopted post-independence, lacked justifiable grounds for retaining 100% reservation for women, especially when no evidence suggested women’s reluctance to join military establishments as nurses.