Singareni Collieries: HC rules against gender discrimination in nurse appointments
Hyderabad: Discrimination towards male candidates by way of restraining them from applying for nurse posts is unacceptable under the law and this amounts to a violation of the Articles 14 and 21 of the Constitution, the Telangana High Court has ruled.
The ruling was made in response to a writ petition alleging discrimination based on gender in recruitments by the Singareni Collieries Company Ltd.
Justice Ponugoti Naveen Rao said government recruiting agencies cannot take shelter under Rule 22 and 22-A (Special Reservations) of the Telangana State and Subordinate Service Rules, 1996, and exclude anyone in the filling of posts. Unless and until a policy decision is taken to reserve the posts exclusively for some category, the recruiter cannot move forward on the basis of the existing rules, the court stated.
Justice Rao was dealing with a petition filed by Md. Fasiuddin from Godavarikhani of Peddapalli district challenging the employment notification issued by the Singareni Collieries. The company had called for applications to seven categories of posts, which included the post of junior staff nurse.
The notification had said only female candidates need to send applications to fill the junior staff nurse posts. The petitioner argued that there cannot be recruitments based on gender.
J. Srinivasa Rao, counsel for the Singareni company contended that there was the practice in the company, for several years, that the posts of junior staff nurse were to be filled with women only. Counsel argued that Under Rule 22 and 22A of the Telangana State and Subordinate Service Rules, the company has the power to make special reservations for some posts.
Disagreeing with the contentions, Justice Rao stressed that, if so, a policy decision must be taken this way or necessary regulation be incorporated to allow exclusive reservation. The court directed the Singareni Company to receive applications from eligible male candidates also.
The court asked the company to extend the date of submission of application forms to make it convenient for eligible candidates to apply for the posts. However, the entire exercise of appointment for these posts shall now abide by the result of the writ petition, the court said.
