The High Court of Karnataka has struck down a provision of the Indian Military Nursing Services Ordinance, 1943, a law enacted during British era and adopted by India post independence, which gives 100% reservation for woman in the posts of ‘nursing officer.’
“This court is of the view that the exclusive reservation conferred on women while recruiting ‘nursing officers’ under the Ordinance, 1943, does violate the rights guaranteed under Articles 14, 16(2) and 21 of the Constitution of India as the classification does not qualify the twin tests prescribed by the apex court,” the High Court said.
Justice Anant Ramanth Hegde delivered the verdict while partly allowing a petition filed in 2011 by Sanjay M. Peerapur and Shivappa Maranabasari of Hubballi, who were aspiring for the posts of ‘nursing officers’. They had questioned the constitutionality of the expression ‘if woman’ in the Section 6 of the Ordinance when the applications were invited for the posts in 2010.
