K.P. PRABHAKARAN Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The constitutional validity of the scheme far selection and filing by women alone of Enquiry -cum -Reservation Clerks in the four metropolitan cities of Madras., Bombay, Calcutta and Delhi is questioned in these two writ petitions. Before 1976, the initial grade of Enquiry -cum -Reservation Clerk in the scale of Rs. 330 -560 was a selection post and was filled by selection from candidates, who have put in more than three years of service as Travelling Ticket Examiners or Commercial Clerks in the scale of Rs. 260 -430 and Ticket Collectors in the scale of Rs. 260 -40. The selection was on All Railway Basis. In 1976, the Board decided that 25 per cent of the posts in the initial grade of Enquiry -cum -Reservation Clerks should be filled by direct recruitment, the minimum educational qualification prescribed for such recruitment being a graduate. The selection for the remaining 75 per cent was as it existed previously. There was also a further provision that women candidates should be favourably considered for absorption in the cadre of Enquiry -cum -Reservation Clerks not only in the selection for promotion but also in the proposed direct recruitment. The next higher grade in the Enquiry -cum -Reservation Clerks Establishment is that of the Head Enquiry and Reservation Clerk in the scale of Rs. 425 -640, and this a promotion post. The post of Supervisor/Enquiry and Reservation, is a selection post and is to be filled by selection from among the Head Enquiry and Reservation Clerks. The next higher post of Chief Supervisor/Enquiry and Reservation, is a promotion post, but the higher position of Chief Reservation Supervisor is a selection post.

(2.) By a Notification, dated 5th April, 1978 of the Divisional Superintendent's Office, Madras Division of Southern Railway, applications for selection for the post of Enquiry -cum -Reservation Clerks were called for. It was mentioned in that Notification that persons, who have put in not less than three years of service as Travelling Ticket Examiners or Commercial Clerks or Ticket Collectors are eligible for consideration. The selection is on All Railway Basis and the staff, who would volunteer in the event of their being selected should be prepared to proceed to any station to which they may be posted. For the selection of the candidates with reference to their professional ability, a Written test also will be held and the applications should be submitted. so as to reach the office on or before 15th April, 1978. The writ petitioner in Writ Petition No. 2612 of 1978, who is a Commercial clerk and has put in more than three years of Service applied for selection for the post of Enquiry -cum -Reservation Clerks. At this stage, some time in the later half of April, 1978, the Ministry of Railways, Government of India had taken a policy decision that both the upper and lower class reservation counters in the Reservation Offices in the Metropolitan cities of Madras, Bombay, Calcutta and Delhi would have to be manned only by women. The Government by a further circular, dated 30th June, 1978 decided that the Reservation Offices in the said four Metropolitan Cities should constitute a seniority unit separate from the rest of the Enquiry and Reservation Cadre in the Railways. The circular also provided that since the decision of the Government is that this should be manned only by women employees, male employees, who volunteer to move out will be given full protection of the pay and grade, both substantive and officiating in a non -fortuitous arrangement. The quota system of 25 per cent by direct recruitment and 75 per cent by selection from eligible staff was done away with and the concerned authorities were directed to file all vacancies in the initial grade of Enquiry -cum -Reservation Clerks to the extent suitable candidates are available and the balance by direct recruitment of women. For the balance to be filled by direct recruitment, the minimum qualification prescribed was a graduate. It may be mentioned that the minimum qualification for a Commercial Clerk was only S.S.L.C. In pursuance of the directive issued in this circular, the third respondent issued an employment notice and called for applications from volunteers from women staff in all categories, namely, Travelling Ticket Examiners, Commercial Clerks and Ticket Collectors and from persons employed as senior Clerks in other offices and all other class III categories in the grade of Rs. 330 -560, the last date for receipt of the applications being 17th July, 1978. Applications were also called for from outside women candidates, who are graduates. It is stated in the counter -affidavit that 105 application from serving women employees of all Departments and 4,700 applications from outsiders were received. Written Test for Departmental candidates was fixed to 23rd July, 1978 and for outsiders to 30th July, 1978. At this stage, the present Writ Petitions were allow for quashing the proceedings of the Ministry of railways, Government of India, dated 30th June, 1978 and for a mandamus directing the respondents to consider the applications of the petitioners for appointment to the post of Enquiry -cum -Reservation Clerks without in any way being influenced by the directives and instructions contained in the said director, dated 30th June, 1978.

(3.) The contention of the petitioners in these two writ petitions is that the post of Enquiry -cum -Reservation Clerk is an office under the State within the meaning of Article 16 of the Constitution and the decision of the Government to constitute the Reservation offices in the four metropolitan cities of Madras, Bombay, Calcutta and Delhi as a separate unit for the purpose of seniority from the rest of the Enquiry and Reservation Cadre in the Railways and to recruit for this unit only women candidates is discriminatory and offends the fundamental right of the petitioners of Equality of opportunity in matters relating to employment or appointment to any office under the State guaranteed under Articles 16(1) and (2) and Article 14 of the Constitution.