M C SHARMA LECTURER Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) DATED 19-1-1995, PASSED BY DIVISION BENCH The constitutional validity of Regulation 5 Chapter-VII(ii) of the Panjab University Calender Volume-III has ben challenged on the ground of discrimination and thus, being violative of the provision of Article 16 of the Constitution of India. Learned counsel for the petitioner has relied upon a judgment of Delhi High Court in Waltere Alter Alferd, Baid, Sister Tutor (Nursing) Hospital, New Delhi v. Union of India, 1977 Serv LJ 55 : (AIR 1976 Delhi 302). Learned counsel appearing for the respondents has, however, drawn our attention to a judgment of the Gujarat High Court reported as 1988 Lab IC 1465 and Full Bench decision of this Court reported as AIR 1970 Punj and Har 372.After hearing the learned counsel for the parties and perusing the record, we are of the opinion that the point raised by the petitioner requires an authoritative pronouncement by a larger Bench. Despite the fact that the above said decision of Full Bench of this Court could be held to be distinguishable, we have come to the conclusion that for an authoritative pronouncement on the point, the plea raised by the petitioner regarding constitutional validity of regulation 5 requires determination by a larger Bench. Prima facie. we are of the opinion that the aforesaid regulation is discriminatory being violative of the provisions of Article 16 of the Constitution of India.Admitted. To be heard by a Bench consisting of more than three judges.Since the point of law sought to be adjudicated is of public importance and is likely to affect a number of cases, the Registry is directed to obtain orders of the Hon'ble Chief Justice for constitution of a larger Bench at an earlydate.JUDGMENT OF 16-5-96 PASSED BY FULL BENCHR. P. SETHI, Actg. C. J. :- "All men are created equal" declared Abraham Lincen in his Gettysburg Address. These words were repeated by Thomas Jefferson in Declaration of Independence and since 1776 this statement has been echoed by generations in United States. The Liberty and Equality were the watch words of the French Revolution and the foundations upon which the great Magna Carta of England stood. Article 7 of the Universal Declaration of Human Rights States declared. All are equal before law and are entitled without any discrimination to equal protection of law." Jennings's in his Law of the Constitution (5th Edition page 50) stated, "Equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike." Dicey's Law of the Constitution, (10 Edition page 202) asserted equality before the law as a corollary from his famous doctrine of Rule of Lady. The idea of equality is the heart and soul of the Indian Constitutional system. The preamble of our Constitution promises equality which is explained and detailed in Articles 14 to 15 as enshrined in Part III of the Constitution. Equality as contemplated under our constitutional system is among equals and similarly situated. Equality in general' cannot be universally applied and is subject to conditions and restrictions as spelt out in the Constitution itself.

(2.) Article 16 of the Constitution guarantees equality of Opportunity for all citizens in the matter relating to employment or admission to any Office under the State with the guarantee that no citizen shall be discriminated only on the grounds of religion, race, caste, sex, descent, place of birth, residence or any of them, in respect of such employment. This guarantee is an extension of specific application of the general principles of Equality contained in Article 14. It has been held by the Apex Court that Articles 1.4, 15 and 16 forming part of the same constitutional goal of guarantees are supplement to each other. Article 15 of the Constitution prohibits discrimination on the basis of sex alone and does not forbid from making discrimination on the ground of sex coupled with other considerations.

(3.) In the light of the Constitutional Guarantees of Equality in the matter of employment under the State, we are called upon to test the constitutional validity of Regulation 5 of the Panjab University Calendar contained in Chapter VII(ii). The matter has been referred to this Bench vide order of the Division Bench, dated 19-1-1995, which reads as under :