In the case of  Mahipal Singh Jhakar & Others v. Union of India, SPL(c)5736/2021. A three-judge bench of Justices UU Lalit, Ajay Rastogi and Aniruddha Bose, issued a notice returnable on  September 6, 2021, as a decision was taken by AIIMS to provide 80% reservation to women with regard to direct recruitment to the post of Nursing Attendants.

Facts: Plea was filed by the group of male nurses who challenge the Patna High Court order dated,23rd September 2020. The plea before the Patna High Court was filed against CAT’s decision to dismiss the petitioner’s application challenging the Office Memorandum dated 28th October 2019 Central Body Institute by AIIMS for providing 80% reservation to women with regard to direct recruitment to the post of nursing officers.

AIIMS Patna’s corrigendum on 15th Jan 2020 notified post of nursing officer specifying direct recruitment reserving 80%seats for women. This was also challenged.

According to the plea, petitioners is the graduate from Indian nursing council having Diploma Degree in General Nursing Midwifery, and are employees of AIIMS Patna, on the contractual basis who legitimately expect their future advancements in form of their regular appointments as and when direct recruitment is conducted against vacant seats of the nursing officer. So, the objection was raised by the All India Nurses forum through its representation dated 27th November 2019 to the Minister of Health and Family Affair, objecting to the reservation and requesting for its stay.

So, the advocates of the petitioner argued that 80% of reservations to women with regard to the direct recruitment of posts to the nursing officers is unreasonable, and the order dated 28th October 2019 is inconsistent with Articles 14,15 and 16, so it should be struck down.

As per the petitioner, the criteria for recruitment should be efficiency, competency and expertise of Nursing officers and not a mere conjecture or speculation that women are capable of rendering higher comfort to patients compared to men.

No doubt women rights are important but on the other hand, it should be in mind that: Law grows and though principles of law remain unchanged, yet their application has to be changed with the changing circumstances of the time.

Written by –Amra Naushad Qazi


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