HC strikes down 100% quota for women in Military Nursing Service

The High Court of Karnataka has struck down a provision in the Indian Military Nursing Services Ordinance, 1943 which provided 100 per cent reservation for women in the cadre of 'nursing officers'. The high court has held that the reservation conferred on women while recruiting ‘nursing officers’ under the Indian Military Nursing Services Ordinance, 1943 violates the rights guaranteed under Articles 14, 16 (2), and 21 of the Constitution of India. Justice Anant Ramanath Hegde has quashed the expression ‘if woman’, found in Section 6 of the Ordinance holding it as unconstitutional."Whether the ordinance, 1943 is promulgated by Parliament? The answer is 'No'," the High Court said, adding that the provision was unconstitutional
While allowing a petition filed in 2011 challenging the British-era law, the High Court in its judgment on January 5, 2024 said, “The expression 'if woman' found in Section 6 of the Indian Military Nursing Services Ordinance, 1943 is struck down as unconstitutional." The High Court, however, clarified that appointments already made under the 1943 ordinance over the decades are not void.The 1943 ordinance providing 100 per cent reservation was created to tide over the emergency situation of the World War II by the British Crown ruling India, the petitioners, Sanjay M Peerapur, Shivappa Maranabasari and Karnataka Nurses Association submitted before the bench of Justice Anant Ramanath Hegde.Sanjay and Shivappa had been denied the chance to participate in the 2010 recruitment of nursing officers which they had challenged before the high court.The 1943 ordinance was adapted under The adaptation of laws, Orders 1950 by the President after independence.If the two petitioners apply for any posts under the Ordinance, 1943 in the future, while computing their age prescribed for applying to the post, the time spent in prosecuting the petition should be excluded, the court said.

(Dr Mysi Patil, State Correspondent)