NEELAM RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of a group of writ petitions bearing Nos. 11928, 12275, 12276, 12277, 12278. 15867 and 16106 of 2000 wherein the creation of separate cadre for male masters, lecturers and headmasters under "The Punjab State Education Class III (School Cadre) Service Rules, 1978" (for short "the Rules") is challenged being violative of Article 16 of the Constitution of India. For facility of reference, the facts are being taken from CWP No. 12275 of 2000.

(2.) AN advertisement inviting application for the post of Lecturers in various subjects was issued on 18th October, 1996. The name of the petitioner, a female candidate, appears at serial No. 24 having obtained 67.69 marks. There are two categories of lecturers -General Male and General Female. The Departmental Selection Committee initially recommended the names of female general candidates obtaining marks up to 66.20% including that of the petitioner. The petitioner was appointed and is working on the post by virtue of an interim order passed by this court.

(3.) THE petitioner alleges that the said order is not binding on the petitioner as she was not party to the aforesaid writ petition. The petitioner has alleged that categorization of posts of teachers into male and female categories is hit by Article 16(2) of the Constitution of India and that the petitioner cannot be discriminated being higher in merit than the males in the selection list, if prepared separately. It is alleged that classification can only be made if there is any nexus in categorization of the posts. There can be reservation as in police force, army but the job of the educating classes + 1 and +2 can be undertaken by a women effectively. Reference was made to the decision of the Supreme Court in case reported as Miss C.B. Muthama versus Union of India and Others., AIR 1978 S.C. 1868 The petititoner has thus sought quashing of the Rules providing separate cadre for male and female candidates; clause 7 of the advertisement; the show cause notice and the order terminating her services.