SANJAY M PEERAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Men are from Mars and Women are from Venus- thus goes the title of one of the popular nonfictions. Both men and women may agree or disagree with the author's view who also said, one cannot live with them, and cannot live without them.

(2.) Be that as it may, the Constitution of India which embodies egalitarian principles at its core recognises both men and women as equal. At the same time, the framers of the Constitution being conscious of historical oppression and exploitation suffered by women devised constitutional measures to achieve the constitutional goal of equality by enabling the State to make special provisions for women, under Article 15(3) of the Constitution of India.

(3.) Yes, we agree that the State is enabled to make special provisions treating women as a 'separate class'. Yet Article 15 (3) cannot override constitutional guarantee under Article 16(2), in the matter of employment under the State. Assuming that Article 15(3) controls Article 16(2), the State cannot provide a hundred percent reservation for women in employment under the State, is the contention of the petitioners. Thus, the challenge to the vires of Sec. 6 of the Indian Military Nursing Services Ordinance, 1943 (for short 'Ordinance, 1943') in so far as providing hundred percent reservation for women in the cadre of 'nursing officers'.