Delhi High Court Directs CISF To Amend Rules To Allow Recruitment Of Women As Drivers Within Six Months

The Delhi High Court has directed the Central Industrial Security Force (CISF) to amend its recruitment Rules to allow recruitment of women as drivers in the force, within six months.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna was informed by Union Government's counsel that it was not possible to give a definite timeline to the court within which the Recruitment Rules for CISF shall be amended.

“However, keeping in view the fact that the present matter has been pending in Court for more than five years, this Court directs the CISF to amend its Recruitment Rules to allow recruitment of women as drivers in CISF within six months,” the court ordered.

The bench disposed of a public interest litigation moved by one Kush Kalra in 2018 directing the authorities to allow recruitment of women to the post of Constable or Driver in CISF, at par with males.

The matter has now been listed on July 15, 2024, for compliance.

In May, the Union Government had told court that a proposal was forwarded by CISF for amending the recruitment Rules to make provisions for the recruitment of women to the post of constable or driver and constable or driver-cum-pump operator (driver for fire services), at par with males.

Kalra's plea stated that the human rights of women are “inalienable” and there is no rationale for not recruiting women to the posts in question.

“The respondents (Centre and CISF) are practising institutional discrimination, without any rational basis, depriving females the right to serve in the aforementioned posts. The State cannot enact any law which is inconsistent with/in derogation of fundamental rights and as a consequence thereof, respondents cannot frame any law/rules/bye laws/regulations for its functioning, which is inconsistent with or in derogation of fundamental rights," the plea added.

Counsel for Petitioner: Ms.Charu Walikhanna, Advocate

Counsel for Respondents: Mr.Rajesh Gogna, CGSC with Ms.Priya Singh, Advocate

Title: KUSH KALRA v. UNION OF INDIA AND ORS.

Citation: 2023 LiveLaw (Del) 1319

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