"Unconstitutional": Karnataka HC Strikes Down Provision Granting 100% Reservation For Women In Cadre Of Nursing Officers In Indian Military Services

The Karnataka High Court has struck down the expression "if women" found in Section 6 of the Indian Military Nursing Services Ordinance, 1943, holding that it is unconstitutional.

It was observed that "a requirement of temporarily deploying female nursing officers to a hospital or a place where male nursing officers were working during peacetime is not a justification for exclusive reservation when it is admitted that both male and female nursing officers will work together in the same or similar hospitals during peace period." 

Subsequently, the Bench of Justice Anant Ramanath Hegde observed that, "this Court is of the view that exclusive reservation conferred on women while recruiting "nursing officers" under Ordinance, 1943 does violate the rights guaranteed under Articles 14, 16(2), and 21 of the Constitution of India".

Counsel Mallikarjunswamy B Hiremath appeared for the petitioners, while CGSC M B Kanavi appeared for the respondents.

In this case, two men, along with the Karnataka Nurses Association, challenged a 2010 notification regarding the recruitment of nursing officers in the Indian Army, which excluded male candidates. The challenge focused on the validity of Section 6 of the Indian Military Nursing Services Ordinance, 1943, providing 100 percent reservation for women in the 'Nursing Officers' cadre.

The petitioners argued that Article 15(3) of the Indian Constitution, allowing special provisions for women and children in public employment, was irrelevant. They contended that Articles 14 and 16, ensuring the right to equality and prohibiting employment discrimination, should apply. They claimed that the gender-based classification in Section 6 lacked a reasonable and rational nexus to its intended objective.

The petitioners further asserted that Section 6, originally a temporary measure for an emergency, was no longer relevant. The Union of India argued that exclusive reservation for women aimed to fill temporary vacancies during war when male nursing officers might be deployed elsewhere. The government emphasized that men also had exclusive reservation through a separate recruitment process, ensuring no discrimination.

The High Court observed that there cannot be 100% reservations in employment for women to the exclusion of all others when the classification is solely on the basis of sex without having any rational nexus to the object sought. In that context, it was said that, "Women are justifiably considered to be a separate class under the Constitution. However, it does not mean that there can be hundred percent reservations in employment for women to the exclusion of all others when the classification is solely based on the sex without having any rational nexus to the object sought to be achieved."

It was stressed that the law providing for exclusive reservations without any intelligible differentia having nexus to the object sought to be achieved violated the Constitutional guarantee under Article 14 and Article 16 (2) of the Constitution of India.

In light of the same, the expression "if woman" in Section 6 of the Indian Military Nursing Services Ordinance, 1943 was struck down as unconstitutional. 

Cause Title: Sanjay M Peerapur & Ors. vs The Union of India & Ors.

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