Women From Reserved Categories Can Compete In General Category Too: Gujarat HC

The Gujarat government in 2018 passed a General Resolution which restricted women from reserved categories to compete in the general or open category. The High Court, on 2nd September 2020, through a two-judge bench presided by Justice Vikram Nath and Justice J B Pardiwala, ruled against this General Resolution. The bench unanimously held that the women competing for posts in Gujarat Public Service will be considered for posts on the basis of merit, even for women who fall under the reserved categories. Post this, recruitment will occur on the basis of reservation quotas. Thus judgement finally allows for a resolution for an issue that had  been raging in the state of Gujarat for over two years. It was much awaited especially by the women who have cleared the examinations and are awaiting recruitment.

This issue was subjected to debate in the High Courts. And, finally led to judicial scrutiny by the Gujarat High Court when 30 women from reserved categories protested against the restrictive General Resolution by the Gujarat government.

Also Read: MP High Court Orders Accused To Get Rakhi Tied From Woman He Molested. Are You Kidding Me?

Judgement Crucial for Public Service Recruitment

The Gujarat Public Service Commission (GPSC) had 115 seats vacant for the post of Police Inspector. GPSC had also recommended that the recruitment should be done on the basis of merit even for women from reserved categories. A petition was moved to the High Court by women from the unreserved category stating that the General Resolution does not allow for reserved category women to compete in the open category. The Gujarat High Court reportedly had a lot of petitions pending which contested the General Resolution passed by the Gujarat government.

Reserved categories had been introduced in this country's public service institutions to correct historical injustices. In a caste-based society, reservations are important to allow individuals from depressed class and groups to find employment, work and a means to live with dignity. However, if individuals are allowed to seek jobs and recruitment through reserved categories, individuals in the reserved category should not be barred from competing in the general category, if they have the scores to compete.

This was the crux of the judgement passed by the Gujarat High Court on the raging issues of reservation for recruitment of women in the police service. The judgement was passed on 2nd September 2020 but the issue has been a bone of contention since early 2018 between the Gujarat government and the women applying for State recruitment through reserved and unreserved categories.

Also Read: KK Shailaja Honoured By United Nations For Her COVID-19 Work

Why This Matters?

This judgement is important in upholding equality. It allows for equal opportunity to women competing for recruitment in public services. The judgement allows for every woman to compete on the basis of merit or access the protection of reservation if required. This move will ensure that there is representation from all class and caste within the public service.

Priyanka Chakrabarty is an intern with SheThePeople.Tv

Also Read: Intersectionality of Gender and Caste: Poetry which highlights real struggles