A R AMASWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE only question involved in this appeal relates to the constitutional validity of the proviso to Rule 2 in the entry in Column (2)against Category 2 Nursing Tutors II Grade in Branch II of the Special Rules for the Madras Medical Service. THE said proviso was introduced by G. O. Ms. No. 2998 H. E. and L. A. dated 10th October, 1957, whereby appointments to the Post of Nursing Tutors II grade from among Women and Men were directed to be made in the ratio 3:1.

(2.) THE appellant was appointed as a Nurse in the Year 1957 in the Madras Medical Subordinate Service, Branch III Category and after completion of probation he was confirmed on 1-4-1960. Alleging that because of the ratio fixed by the proviso referred to above, he lost his chances of being appointed as Nursing Tutor II Grade by transfer from the Category of Nurses in the year 1976, the appellant filed a Writ Petition in this Court for the issue of Mandamus directing the respondent to consider his name for being appointed as Nursing Tutor II grade without any reference to the proviso rferred to earlier. THE appellant challenged the validity of the said proviso on the ground that it violated the provisions of Art. 14 and 16 of the Constitution of India . THE said Writ Petition was contested by the respondent and after hearing the parties, Justice Mohan dismissed the same by his judgment dated January 7, 1980. This appeal is preferred against the said judgment.

(3.) THE same view is expressed by CHAGLA, C, J. , IN dattatraya v. STATE OF BOMBAY, A. I. R 1953 Bombay 311 in the following terms: "it must always be borne in mind that the discrimination which is not permissible under Art. 15 (1) is a discrimination which is'only on one of the grounds mentioned in Article 15 (1 ). If there is a discrimination in favour of a paticular sex, that discrimination would be permissible provided it is not only on the ground of sex or in other words, the classification on the ground of sex is permissible provided the classification is the result of other considerations besides the fact that the persons belonging to that class are of a particular sex".