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Madhya Pradesh High Court · body

2012 DIGILAW 157 (MP)

Kuldeep Sing Rana v. State of M. P.

2012-02-02

S.N.AGGARWAL

body2012
JUDGMENT : The only short question that calls for determination in the present Writ Petition is whether the respondents are justified in reserving 100% post only for female candidates or can they be permitted to discriminate with the petitioners in the process of recruitment of Staff Nurses only on account of sex. This petition is taken up for final disposal because there are two earlier judgments on this very legal issue, one is of this Bench and the other is of Indore Bench. The copies of both these judgments have been placed on record by the petitioners with their present petition. The learned Govt. Advocate appearing on behalf of the respondents submits that he has gone through both these earlier judgments on the point in issue, in both of which, it has been held that the respondents cannot discriminate only on the ground of sex while recruiting Staff Nurses required by them for its various hospitals. The judgment on the point in issue of this Bench is in the case of Hemant Nagar ors. v. State of M.P. ors. (W.P.No.2945/11(s) decided on 18th May, 2011) and the judgment of Indore Bench on the same issue is in the case of Sajid Khan Ors. v. State of M.P. Ors. (W.P.No.10550/10 decided on 22nd November, 2010). There is no reason to deny the benefit of the earlier judgments to the petitioners who are identically situated and have pleaded discrimination with them only on gender basis. Accordingly, this petition is allowed and the respondents are directed to allow the petitioners to participate in the recruitment process for recruitment of Staff Nurses required by it for its various hospitals. The impugned advertisement dated 31st December, 2011, by which respondents had invited applications for filling up vacant posts of Staff Nurses, is hereby quashed. The respondents may issue a fresh advertisement for inviting applications from all eligible candidates, both from male and female candidates, so that equal opportunity in the matter of employment is given to all of them. This petition is disposed of accordingly, but with no order as to costs.