KERALA PUBLIC SERVICE COMMISSION Vs. MANJUSHA

JUDGEMENT

(1.) W. A. No. 1041/2007 the point that arises for decision in this appeal is whether a woman can be denied appointment as Night Watchman, for the reason that she is a woman.

(2.) THE brief facts of the case are the following: the 1st respondent herein was the writ petitioner. She was included in the Rank list published by the Public Service Commission (for short 'p. S. C. '), for appointment to the post of Last Grade Servants in various departments in Pathanamthitta District. The Rank List was published on 29. 4. 1999 and the validity of the list expired on 28. 10. 2003. She was Rank No. 887 in the 'obc' category. After the expiry of the Rank list, she came to know that the 3rd respondent, who was Rank No. 904 and belonging to 'obc, was advised and appointed to the post of Night Watchman in the Regional artificial Insemination Project Centre, Pathanamthitta. On coming to know of this, immediately, the 1st respondent filed the Writ Petition praying to cancel the advice of the 3rd respondent and to appoint her in his place. She also prayed for quashing the order appointing the 3rd respondent. According to her, she was discriminated only on the ground that she was a woman. The conduct of the respondents 1 and 2, therefore, offends her fundamental rights under Arts. 14,19 and 21 of the Constitution of India, it is submitted.

(3.) THE Kerala Public Service Commission has filed a counter affidavit supporting the impugned order. They submitted that, as per the relevant Special Rules, women are ineligible to be considered for appointment to the post of Night Watchman. The learned single Judge, after hearing both sides, upheld the contentions of the petitioner and allowed the Writ Petition relying on the decision of the Division Bench of this Court in Rajamma v. State of Kerala (1983 KLT 457) and of the Single Bench in Sheeba Kuttiyattan v. State of Kerala (2006 (3) KLT 69 ). The learned Single Judge ordered the P. S. C. to cancel the advice of the 3rd respondent and to advise the 1st respondent/writ petitioner in his place. Feeling aggrieved by the said direction, the P. S. C. has chosen to file this appeal.