Court mandates that women candidates securing higher marks should not be barred from unreserved category due to age, emphasizing gender equality and merit-based selection.
The Madhya Pradesh High Court, in a significant ruling, has upheld the principle of gender equality by affirming that women candidates eligible for age relaxation can compete in the open unreserved category if they secure higher marks than other candidates. The judgment was delivered by Justice Deepak Khot in a writ petition filed by Smt. Pritam Kaur against the State of Madhya Pradesh and others, challenging the recruitment process for the post of Eye Assistant under the Combined Examination Recruitment Test 2023.
The petitioner, Smt. Pritam Kaur, argued that despite securing higher marks (65.97 out of 100) than the respondent No.5 (62.88 marks), she was not selected for the post due to her age being above 40 years. The advertisement for the recruitment allowed women candidates an age relaxation up to 45 years, yet the authorities failed to consider her for the unreserved category, which prescribed an age limit of 18-40 years.
The High Court observed that the recruitment rules provided an age relaxation for women, allowing them to apply up to the age of 45. The court emphasized that such relaxation aims to promote gender equality and ensure non-discrimination in the recruitment process. Justice Khot stated that rules do not discriminate against women competing in the open category if they secure higher marks than other candidates.
The court referenced the Supreme Court's decision in Richa Mishra v. State of Chhattisgarh, which highlighted the importance of women's empowerment and their economic participation as pivotal for achieving social justice. The High Court underscored that denying such benefits to women candidates would render the rules ineffective and contrary to the spirit of Articles 15 and 16 of the Constitution of India.
In its order, the court quashed the appointment of respondent No.5 and directed the authorities to consider Smt. Pritam Kaur for the post based on her merit and marks. The judgment reinforces the principle that merit-based selection should prevail, and age relaxation should not hinder a woman's eligibility for the open unreserved category.
This landmark decision is a step forward in ensuring gender equality in recruitment processes and recognizing the merit of women candidates who have been granted age relaxation. It sets a precedent for similar cases, emphasizing that age should not be a barrier for deserving women candidates in the open competition.
Bottom Line:
Recruitment process - Woman candidate eligible for age relaxation as per rules cannot be discriminated for competing in open unreserved category if she meets the criteria and secures higher marks.
Statutory provision(s): Articles 15 and 16 of the Constitution of India, Recruitment Rules, age relaxation provisions.
