RAJAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE attitude of courts in the United States of America in dealing with the plea of discrimination against women, in the early cases, is often referred to as romantic paternalism. THE social thinking and the approach to the question of the role women had to play in society was, even in that country, tradition bound for more than a century after equal rights of women had been recognised as an inviolable civil right. THE marked change in the attitude of courts on the question of gender based discrimination is, a post 1970 phenomena in that country. THE protectionist policy has now given way to the realisation that woman is in every respect entitled to claim equal rights with man. Bradwell v. State of Illinois, 16 Wall 131 (1873) to Frontiero v. Richardson, 411 U. S. 677 (1973) is a hundred years of interesting case history. Much more tradition bound, as we are in this country, we may perhaps take some time to get out of the hangover of our past to realise that under the Indian constitution woman has equal rights with man and that needs to be secured, if necessary, by affirmative action.

(2.) WE have two petitioners before us in two cases. Both are women. They found themselves in an annoying situation when, responding to invitation to apply for appointment as Last Grade Servants in the Civil Service of the Kerala State, they found that they had been selected and given high ranks but were told later that they are not being appointed apparently for the reason they are women. They have approached the Court to vindicate themselves.

(3.) ON 31 -12 -1979 a gazette notification was published by the Public Service Commission calling for applications for the post of Last grade Servants. The qualifications prescribed were that the candidates should be literate in Malayalam and should not have completed 35 years of age. At the relevant time ability to ride a bicycle had been prescribed as an essential qualification for appointment to the post of Peons and Chowkidars. The petitioner did not evidently satisfy that qualification. All the same she was qualified for appointment in other categories of the Last Grade Service for which cycling was not essential. Infact it will be useful here to refer to the relevant rules relating to cycling as a qualification prescribed for appointment to some categories among Last Grade Servants.