SAVITA CHAUDHARY Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order shall dispose of CWP Nos.17910, 18940 of 2010 and 3050 of 2012 wherein clause 7.2 of Housing Board Haryana (Allotment, Management and Sale of Tenements) Regulations, 1972 was amended in the year 2009 vide notification dated 4.7.2006 published on 21.7.2009 is subject matter of challenge. The relevant clause reads as under:-

(2.) The challenge in the present writ petition is to 33% reservation in all reserved categories except widows and in the general category provided to women applicants as first/solo applicants. The grievance of the petitioner is that by creating 33% reservations for women, respondents have allotted the remaining 67% flats to men thereby offending Articles 14, 15 and 16 of the Constitution of India. Reliance is placed upon judgments of Division Bench of this Court in Neelam Rani vs. State of Punjab and others, 2010 1 SCT 588 and Ruchi Manglik and others vs. State of Haryana and others (CWP No.10072 of 2010 decided on 16.08.2010).

(3.) In Neelam Rani's case, this Court has considered the reservation for women in the Punjab State Education Class III (School Cadre) Service Rules, 1978 wherein 50% posts were reserved for women. This Court has struck down such condition by observing as under:-