Scope Of Art. 15(3) Much Wider Than Article 16(4): CAT Upholds 80% Reservation For Women Nurses In AIIMS
4 years, 1 month ago

Scope Of Art. 15(3) Much Wider Than Article 16(4): CAT Upholds 80% Reservation For Women Nurses In AIIMS

Live Law  

The Principal Bench of the Central Administrative Tribunal at Delhi has upheld 80% reservation for women in nursing officer posts. A Bench of Pradeep Kumar, Member and RN Singh, Member on Thursday dismissed two pleas against 'gender-based reservation' and said, "The reservation of 80% posts of Nursing Officer for female, as notified, is considered to be a special provision for women candidate under Article 15 of the Constitution as a separate classification and is held to be valid." It added, "scope of Article 15 is much wider, as compared to that of Article 16, which is limited to only to community-based reservation in public employment for candidates belonging to SC/ST/OBC." While ruling so, the Tribunal was in agreement with the decisions rendered by CAT, Patna and the Patna High Court whereby gender-based reservation in recruitment of Nursing Officers for AIIMS Patna was upheld. 80% reservation for female under Artcile 15 and shall act as a horizontal reservation and cuts across 50% reservation under Article 16 of the Constitution which was for SC/ST and OBC.

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History of this topic

Reservation For Women In Public Employment Can Only Be Horizontal, Not Vertical: Madras High Court To TNPSC
2 years, 3 months ago

Reservation For Women In Public Employment Can Only Be Horizontal, Not Vertical: Madras High Court To TNPSC

Live Law  

The Madras High Court has categorically held that the reservation for women in public employment can only be made horizontally and not vertically. The provisions stipulate that a minimum 30% of all the vacancies to be filled through direct recruitment shall be set apart for women candidates, irrespective of the fact whether the rule of reservation of appointment applies to …

Constitution does not permit reservation for women in public employment: HC
2 years, 3 months ago

Constitution does not permit reservation for women in public employment: HC

The Hindu  

The Constitution does not expressly permit reservation for women in public employment. Therefore, women can, at best, be provided only horizontal and not vertical reservation on the basis of the Supreme Court’s pronouncement in the famous Indra Sawhney’s case, the Madras High Court has ruled. Chief Justice Munishwar Nath Bhandari and Justice N. Mala held that the 30% reservation provided …

Reservation in public employment
2 years, 6 months ago

Reservation in public employment

The Hindu  

The jurisprudence of reservation relies on the symbiotic coexistence of constitutionally guaranteed equality of opportunity in public employment under Article 16 of the Constitution of India and classifications thereunder various clauses of the same article, especially Article 16 and Article 16, which are in the nature of facilitating provisions, vesting a discretion on the government to consider providing reservations for …

AIIMS : More Than 50% Women Reservation In Nursing Attendants Posts Permissible? Supreme Court To Examine
3 years, 5 months ago

AIIMS : More Than 50% Women Reservation In Nursing Attendants Posts Permissible? Supreme Court To Examine

Live Law  

The Supreme Court on Friday issued notice in a plea filed challenging the decision taken by AIIMS to provide 80% reservation to women with regard to direct recruitment to post of Nursing Attendants. The plea before the Patna High Court was filed against CAT's decision to dismiss the petitioner's application challenging the Office Memorandum dated 28th October 2019 issued by …

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