The Rajasthan High Court directed the State to urgently reform policies and rules that result in discrimination against women performing the same roles as men. The Court struck down the Rajasthan Civil Services Appellate Tribunal's order denying promotion to a female lecturer on the sole basis of her gender and posting in a girls’ institution, calling it a violation of Articles 14, 15, 16, and 21 of the Constitution.
A female lecturer, despite serving in boys' institutions throughout her career, was excluded from the seniority list for promotion, while less meritorious male counterparts were included. After her appeal was dismissed by the Tribunal, she approached the Rajasthan High Court seeking justice.
The Bench of Justice Anoop Kumar Dhand observed, "this Court feels pain to observe that gender bias is still prevailing in the social world. Discrimination with women and girls still persists in many ways through policies, social norms and practices. An equal world is one where males and females, boys and girls enjoy similar resources, treated and rewarded equally. By giving them their equal rights and making their voices heard, we are one step closer to an enabled world. By supporting efforts to promote gender equality, men can help in creating an inclusive and equitable society for everyone. Time has come to give equal rights to everyone be he/ she may a male or female or third gender.”
The Court, highlighting "gross discrimination," pulled up the state authorities for denying promotion to a highly meritorious female lecturer solely on the grounds of her gender and placement in the girls' institutions cadre. Despite securing merit rank 4 and serving in boys' schools throughout her career, the petitioner was excluded from the seniority list for promotion to Principal, while less qualified male lecturers ranked 8 and 31 were promoted. The Court termed this practice a violation of constitutional rights and ordered corrective action.
The Rajasthan High Court issued a general mandamus directing the State to promptly reform rules and policies that result in gender-based discrimination, ensuring women performing the same duties as men receive equal benefits.
Read Here: