Separate posts for men, women no longer valid: HC

More than 14 years after the Punjab and Haryana High Court came out with a judgment upholding separate posts for men and women candidates for the posts of DPE (Master), Justice Harsimran Singh Sethi has ruled that it was no longer applicable following amendment to the Punjab Education Service (School Branch) Rules-1978.

Justice Sethi was hearing a bunch of nine petitions challenging the action of the department concerned, whereby 873 posts of DPE (Master) advertised vide ad dated December 31, 2016, were being filled on the basis of joint merit list of men and women candidates.

Among other things, it was contended that the action was contrary to Punjab State Education Class III (School Cadre) Service Rules 1978 as interpreted by the Division Bench in the case of “Neelam Rani versus State of Punjab and others” decided on January 8, 2010.

Referring to the judgment, the petitioners had contended that 50 per cent of the advertised posts were to be filled from the joint merit list of men and women. The remaining posts were to be filled up from the women candidates only. But the respondent-state prepared a common merit list.

Taking up the petitions, Justice Sethi asserted the rules before an amendment provided a clear bifurcation of posts for men and women candidates, facilitating separate allocations for each gender. But separate bifurcation stood amended and only one cadre of 27,213 posts of master/mistress was to be filled following the amendment on July 8, 1995.

Justice Sethi asserted the judgment in Neelam Rani’s case was pronounced on the basis of un-amended 1978 Rules wherein it was held that women would be eligible for posts created for men. But the posts created for women would be filled exclusively from women.