The Karnataka High Court has ruled that an 81-year-old law that granted 100 per cent reservation to women in Military Nursing Services violates the rights guaranteed under the Indian Constitution. The court observed that the Military Nursing Services Ordinance, 1943's exclusive reservation for women when recruiting "nursing officers" violates the rights stated in Articles 14, 16(2), and 21 of the Indian Constitution.
The court also mentioned that the Constitution legally considers women as members of a different class. However, this does not mean that women can only be employed 100 per cent to the exclusion of others if their classification is purely based on their sex and has no apparent link to the goal being pursued. The judge ruled that the law allowing exclusive reservations without any intelligible difference violates the Constitutional guarantee under Articles 14 and 16 (2) of the Indian Constitution and cannot be protected by Article 15(3) of the Constitution.
Justice Anant Ramanath Hegde partially approved a 2011 petition, ruling that the term "if a woman" in Section 6 of the relevant ordinance was unconstitutional. According to the respective section, a woman may be appointed to the post of Indian military nursing services officer, "if a woman" is determined to be eligible for it.
The Karnataka Nurses Association, along with Sanjay M. Peerapur and Shivappa Maranabarasi, who held the positions of Principal and Lecturer, respectively, at the KLE Institute of Nursing, Hubballi, together cited February 13, 2010, notification as discrimination as the respective notification that granted women 100 per cent reservation in military nursing services.
The defense ministry claims women's exclusive reservation is for temporary vacancies caused by male nursing officers deployed to soldiers. Justice Ananth Ramanath Hegde, further stated that the Ordinance, 1943 was issued by the British Crown and was subsequently modified by the Orders 1950, which were adopted by Article 372(2) of the Indian Constitution.
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