Podili Siva Murali vs The State Of Ap on 8 October, 2021
As discussed in earlier paragraphs, the decision taken by the
State to allot house sites exclusively to women is contrary to the law
declared by the High Court of Andhra Pradesh at Hyderabad in
MSM,J
wp_25275_2020
78
―P.Katama Reddy v. Revenue Divisional Officer, Anantpur‖
(referred supra) and the Apex Court in ―State of M.P. v. Nandlal
Jaiswal", ―Government of A.P. v. P.B. Vijaya Kumar‖, ―Chebrolu
Leela Prasad Rao v. State of Andhra Pradesh‖ (referred supra).
The policy decision taken by the State to provide protective
discrimination by way of special provision provided under
Article 15 (3) of the Constitution of India must be within permissible
limits i.e. 30% (thirty percent) and apart from that giving preference
to women exclusively is violative of Article 14 and 15 (1) of the
Constitution of India besides violation of International Covenants on
Human Rights by applying the principles laid down by the above
judgments, guideline No.2 of G.O.Ms.No.367 dated 19.08.2019 is
liable to be struck down as unconstitutional.