KAMALA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for quashing Rule 3(e) of the Employment Exchange(Compulsory Notification of Vacancies) Rules, 1960 (Annexure-C 1) on the ground of being ultra vires of the provisions of the constitution.

(2.) Rule 3(e) prohibits appointment of women to the posts of messengers in the State Bank of India. The petitioner who had enrolled her name in the Employment Exchange was under the expectation that her name would be forwarded by the Employment Exchange Officer for consideration by the respondents for appointment to one of the post of Messengers. After a lapse of considerable time, when she did not get any letter of call, she enquired and could come to know that the interview for the post of Messanger was already held on 16.10.1996. Immediate thereafter, she moved this court for quashing the aforesaid prohibitory provision incorporated in Rule 3(e) along with other consequential reliefs.

(3.) It would appear that this court while issuing notice on 28.10.96 directed the respondents to keep a post vacant till admission of the writ petition. Thereafter, vide order dated 12.11.97, this Court extended the operation of the order dated 28.10.96 until further orders.