SRINIVASAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) An educational institution, known as "Maharani's Arts College for Women" situate in Mysore is exclusively meant for educating girls. Contention of petitioner is that he was second Senior-most Reader in the College at the relevant point of time and Note-4 of the Karnataka Education Department (Collegiate Education Department)(Recruitment) Rules 1964 (hereinafter referred to as the 'Rules') which has denied opportunity of becoming of Principal of that College is ultra vires and illegal.

(2.) Notes 3 and 4 of the Rules read thus :

(3.) In W. P. No. 6363/1980, Susheela Singh v. State & Ors. DD 3-10 1980 constitutional validity of this Note is left open. Article 15(3) of the Constitution provides for making a special provision for women. As has already indicated, this institution is exclusively meant for imparting education to girls, rule making authority thought it fit in its wisdom that institution should be headed or administered only by women. This provision is in conformity with Article 15(3) of the Constitution. Learned Counsel for petitioner fairly and rightly admitted posting of Lady Doctors exclusively to the Maternity Hospitals cannot be challenged as violative of Articles 14 and 16 of the Constitution of India. So also rule in Posts & Telegraphs to the effect that no women can work in Telephone Exchange after 8 P. M cannot be challenged as ultra-vires. These rules and other like provisions made in favour of women have stood the test of time and I do not find any Constitutional infirmity.