Plea Before Kerala High Court Assails Notification Barring Women Candidates To Certain Posts In Last Grade Services Like Watchman, Lascar

A woman candidate has moved the Kerala High Court challenging Note 1 of Rule 5 (b) of the Special Rules for Kerala Last Grade Service and clause 7 (iii) of Annexure A1 notification and aggrieved by the refusal to advise and appoint her to the post of Lascar under the Irrigation Department.

In 2017, the Kerala Public Service Commission had issued a notification, clause 7 (iii) of Annexure A1 of which reads as follows:

"Women candidates are not eligible for the following posts, - Watchman, Night Watchman, Guard/ Night Guard, Chowkidar, Cleaner cum conductor, Cleaner (Boat cleaner, Tractor Cleaner, Van Cleaner, Lorry Cleaner, Ambulance Cleaner), Lascar, Gatekeeper, Bull keeper and Animal keeper in Drugs Control Department"

In 2018, the applicant candidate was ranked 10th and thereby shortlisted for the post of Last Grade Servants in Kozhikode District.  However, in 2021, another candidate who was ranked 11th was issued advice to the post of Lascar in the Irrigation Department bypassing the applicant, solely because she is a female.

Therefore, the application filed through Advocates Kaleeswaram Raj, Varun C. Vijay and Thulasi K. Raj contested the constitutionality of this clause, calling it unjust, illegal and arbitrary. They added that it was violative of Articles 14,15,16 and 21 of the Constitution and thereby liable to be set aside.

"Assumptions and presumptions about gender roles cannot be the basis of any law or delegated legislation such as the impugned rule," the plea states. 

The application has cited several other instances where male candidates received advice and appointment superseding female candidates who performed better in the exam to the post of Last Grade Servants. 

The Counsels placed reliance on the decision in Sanuja B & Ors v. Kerala State Beverages Corporation Ltd. & Ors [2017(1)KLT 44] where the High Court struck down a clause in Kerala Abkari Shops Disposal Rules, 2002 which prescribed that no women shall be employed in any capacity in a toddy or liquor shop. 

Based on several other precedents, the applicant has argued that she is not liable to be denied employment on the ground of her sex, which is clearly violative of the equality clauses in the Constitution.

"The supposed presumption behind the enactment of such discriminatory rules is that women are not 'supposed' to undertake certain employment. This is a classic case of discrimination proscribed under Articles 14, 15 and 16 of the Constitution," reads the plea. 

It was further argued that the posts of Lascar, Gatekeeper, Chowkidar and other posts specified in the impugned Rule are posts that can be occupied by men as well as women. There is no intelligible differentia or rational nexus by which women employees are said to be ineligible for occupying these posts.

The application added that there was no legally sustainable reason for excluding and discriminating against women and that the impugned rule was, therefore, liable to be struck down as unconstitutional. 

It was also pointed out that the impugned rule entrenches a stereotype that women candidates are incapable of performing certain jobs or tasks. This stereotype is untrue and has no constitutional sanction, it was said. Hence, the impugned rule and the impugned clause in Annexure A1 notification are only liable to be struck down as unjust, illegal and unconstitutional, the plea urges.

Case Title: Princy Juliet R.C v. Chief Secretary to Government of Kerala & Ors.