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1 - 6 of 6 (0.21 seconds)Article 14 in Constitution of India [Constitution]
S. Renuka & Ors vs State Of A. P. & Anr on 21 March, 2002
In S. Renuka & Ors. Vs. State of A.P. & Anr., (2002) 5
SCC 195 the Supreme Court considered a challenge to reservation
for all the posts of Judges of Family Courts and Mahila Courts in
State of Andhra Pradesh for women and held that there could not
be 100% reservation for women. The posts were created for
District and Sessions Judges. There were no separate post of
Judges of Family Court and Mahila Courts.
Vijay Lakshmi vs Punjab University And Others on 23 September, 2003
In Vijay Lakshmi's case the Supreme Court upholding Rule
5, 8 and 10 of Punjab University Calender Vol.III providing for
appointment of lady Principal in Women's College and lady
Superintendent for Girls Hostel, observed that there could be
classification between male and female for certain posts without
any arbitrariness. The discrimination is the essence of
classification and does violence to the constitutional guarantee of
equality only if it rests on an unreasonable basis. It is for the
respondents to establish that classification is unreasonable and
bears no rational nexus with the purported object. Certain posts
may be left for only lady officers at the discretion of the State
Government for special jobs which may be performed only by
women.
Government Of Andhra Pradesh vs P.B. Vijayakumar & Anr on 12 May, 1995
15. Article 15 (1) prohibits the State from discriminating any
citizen on the grounds only of religion, race, caste, sex, place of
birth or any of them. Special provisions can be made for women
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and children under Clause (3) of Article 15. These special
provisions, however, should not provide 100% reservation in
favour of women on any post in public employment, if it causes
invidious, uninformed and hostile discrimination to males. Art.16
restricts discrimination in employment and thus whittles down the
reservation of post for women under Art.15 (3). The distribution
of posts between male and female has not been held to be arbitrary
or unjustified in Vijay Lakshmi Vs. Punjab University, AIR
2003 SC 3331, and reservation for women in direct recruitment
upto the extent of 30% in Andhra Pradesh has also been upheld
within the ambit of Art.15 (3) vide Government of A.P. Vs. P.B.
Vijaykumar, AIR 1995 SC 1648. The reservation of all the posts
for women without any valid and compelling reason or
classification, however, does not stand the scrutiny of Art.14, 15
(1) and 16 of the Constitution of India.
Article 15 in Constitution of India [Constitution]
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