Karnataka High Court quashes law that gives 100% reservation to women in nursing officer posts in military

The High Court of Karnataka has struck down a provision of the Indian Military Nursing Services Ordinance, 1943, a law enacted during British era and adopted by India post independence, which gives 100% reservation for woman in the posts of ‘nursing officer.

The High Court of Karnataka has struck down a provision of the Indian Military Nursing Services Ordinance, 1943, a law enacted during British era and adopted by India post independence, which gives 100% reservation for woman in the posts of ‘nursing officer.’

“This court is of the view that the exclusive reservation conferred on women while recruiting ‘nursing officers’ under the Ordinance, 1943, does violate the rights guaranteed under Articles 14, 16(2) and 21 of the Constitution of India as the classification does not qualify the twin tests prescribed by the apex court,” the High Court said.

Justice Anant Ramanth Hegde delivered the verdict while partly allowing a petition filed in 2011 by Sanjay M. Peerapur and Shivappa Maranabasari of Hubballi, who were aspiring for the posts of ‘nursing officers’. They had questioned the constitutionality of the expression ‘if woman’ in the Section 6 of the Ordinance when the applications were invited for the posts in 2010.

Pointing out that women are justifiably considered to be a separate class under Article 15(3) of the Constitution, the court said that it, however, “does not mean that there can be hundred per cent reservations in employment for women to the exclusion of all others when the classification is solely based on the sex without having any rational nexus to the object sought to be achieved.”

The court pointed out that exclusive reservation in favour of women can be justified in certain circumstances where the very nature or place of work, or the persons for whom the work is done, require only women to be employed like in girls’ or ladies’ hostels’, or any institution exclusively meant for women.

In the case of Indian military nursing service, women nursing officers are not exclusively required to discharge duty in a hospital exclusively meant for women or the nature of work is such that it can be done by only women and not by men.

The court also said that existence of another law for exclusive recruitment of male nursing officer cannot validate the Ordinance of 1943 as there is no guarantee that recruitments happen simultaneously in equal proportion under both the laws. The proper course open is to make law for women in such a way that it does not violate guarantee under Article 16(2), the court said.