A notification was published, by a Public Sector Undertaking, inviting applications for the post of a Safety Officer. However, it was stated in the notification that only male candidates need apply for the post.
The petitioner, a female, approached the Kerala High Court challenging the said provision in the notification on the ground that it is discriminatory and that the right of the petitioner for being considered for appointment as Safety Officer is violated due to the said provision.
While quashing the ‘male only’ condition, the High Court held as follows:
‘Apparently, the World has moved forward and women who were relegated to the roles of home makers during the times when the enactment had been framed have
taken up much more demanding roles in society as well as in economic spheres. We have reached a stage where the contributions made by women in the spheres of economic development cannot be ignored by any industry. Women are being engaged to work during all hours in several industries including Health Care, Aviation and Information Technology. Women have been engaged in several
professions requiring round the clock labour and have proved themselves quite capable of facing the challenges of such engagement”
“The decision in HindustanLatex Ltd.’s case cited supra and the subsequent laying down of the law by the Apex Court would make it abundantly clear that a woman who is fully qualified cannot be denied of her right to be considered for employment only on the basis of her gender. It is the bounden duty of the respondents who are Government and Government functionaries to take all appropriate steps to see that a woman is able to carry out the duties assigned to her at all hours, safely andconveniently. If that be so, there would be no reason for denying
appointment to a qualified hand only on the ground that she is a woman and because the nature of the employment would require her to work during night hours.”
Copy of the judgement