BIG NEWS: Gujarat High Court's major judgment in 1/8/2018 GR about women's Reservation Case.

Tuesday, September 1, 2020

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BIG NEWS: Gujarat High Court's major judgment in 1/8/2018 GR about women's Reservation Case.

COMMON ORAL JUDGMENT   As the issues raised in both the captioned appeals are the same and the challenge is also to the selfsame judgment and order passed by the learned Single Judge, those were heard analogously and are being disposed of by this common judgment and order.  




 2. For the sake of convenience, the Letters Patent Appeal No.1910 of 2019 is treated as the lead matter.  




 3. This appeal under Clause 15 of the Letters Patent is at the instance of the original Respondents Nos.3,4, and 5 respectively of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court dated 29.11.2019 in the Special Civil Application No. 18654 of 2018 and allied petitions, by which, the learned Single Judge allowed the writ applications and issued directions to the Gujarat Public Service Commission



.   4. The facts, giving rise to this litigation, may be summarized as under;   The respondent No.5 herein-Gujarat Public Service Commission came up with a public advertisement dated 15" July, 2017 for the recruitment to the 115 posts of the Police Inspector (Unarmed). 


It appears that the State Government has framed rules called the Gujarat Civil Services (Reservation of Posts for Women) Rules, 1997 (for short "the Rules, 1997"). providing for reservation for women in the public service posts in connection with the affairs of the State. The Rule 2 provides as under



Reservation of posts for women

Notwithstanding anything contained in any rules or orders relating to recruitment to public services and posts in connection with the affairs of the State:






(a) there shall be reserved in favour of women belonging to the Scheduled Castes thirty percent of the posts reserved in favour of such Castes

(b) there shall be reserved in favour of women belonging to the Scheduled Tribes thirty percent of the posts reserved in favour of such Tribes

(c) there shall be reserved in favour of women belonging to the Socially and Educationally Backward Classes thirty percent of the posts reserved in favour of such Classes,

(d) there shall be reserved in favour of women thirty percent of the posts not being posts reserved in favour of the Scheduled Castes: Scheduled Tribes and Socially and Educationally Backward Classes

Explanation. For the purposes of these rules.

(a) "Scheduled Castes" means such castes races or tribes or parts of groups within such castes, races or tribes as are deemed to be

JUDGMENT

Scheduled Castes, in relation to the State of Gujarat under Article 341 of the Constitution of India.

(b) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under Article 342 of the Constitution.

(c) "Socially and Educationally Backward Class" means such castes, classes or groups as are determined by the State Government as Socially and Educationally Backward Class under Goverment Resolution, Labour, Social Welfare and Tribal Development Department No. BCR10734H, dated the 1st April, 1978, as amended from time to time.



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