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Even if in making special provision for women by giving them reserved seats the State has discriminated against men, by reason of Art. 15(3) the Constitution has permitted the State to do so even though the provision may result in discrimination only on the ground of sex. Therefore. Section 10(1)(c) of the Bombay Act does not offend against Art. 15(1) by reason of Art. 15(3)."

The Bombay High Court also considered inter relationship between Articles 15 and 16 and observed:--

'"Article 16 deals with a limited subject, the subject of employment or appointment by the State. The expression "the State" is used in the wide sense in which An. 2 defines and Art. 16 emphasises that the State in appointing or in employing persons shall give equal opportunity to all citizens and will not make any person ineligible to hold an office or discriminate against him in respect of that office on ground of religion, race, caste, sex or place of birth. Article 15 is more general in its application and it deals with all cases of discrimination which do not fall expressly under Art 16. Therefore, although a case of discrimination may not fall under Art. 16, it may still fall under Art. 15(3)".

52. In Girdhar Gopal v. State, AIR 1953 Madh Bha 147, a learned single Judge has held :--

"the discrimination that is prohibited under Art. 15(1) is a discrimination based on the ground of sex, or race, etc. alone. If the discrimination is based not merely on any of the grounds stated in Art. 15(1) but also on considerations of propriety, public morals, decency, decorum and rectitude, the legislation containing such discrimination would not be hit by the provisions of Art. 15(1)."

53. In University of Madras by the Registrar v. Shantha Bai, AIR 1954 Madras 67, a Division Bench of Madras High Court upheld the directions issued by the University regarding admission to the educational institutions. While interpreting Article 15(3) as having overriding effect qua Article 15(1) the Madras High Court observed (at p. 70 of AIR):

116. There cannot be any doubt that the Indian Society was and is predominantly dominated by male chauvinism. It is a long and unfortunate history of sex discrimination. Traditionally such discrimination has been rationalised by an attitude of paternalism which in practical effect, placed women not on a pedestal but in a cage.

117. Discrimination of individuals or group of individuals cannot exist in a civilised society or a society which believes in human rights and dignity of individuals. Free India in its first important legislation -- the Con-

127. The Indian Constitution while incorporating the equal protection clause in Art. 14, specifically prohibits discrimination between the sexes in Arts. 15(1) and 16(2) guaranteeing that the State shall not discriminate between citizens only on the ground of sex, at the same time, providing an exception in Art. 15(3) to enable the State to make special provisions.

128. Thus, there cannot be any denial of the fact that throughout world, women have been discriminated against men and in all the countries attempts have been made to remove the discrimination and provide special treatment to uplift the status of women in all walks of life.