Delhi HC Directs CISF To Amend Recruitment Rules To Allow Recruitment Of Women As Drivers
The Delhi High Court recently directed the Central Industrial Security Force (CISF) to amend its Recruitment Rules to allow the recruitment of women as drivers, constables and driver-cum-pump- Operator in the CISF, at par with Males, within six months.
The Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna ordered, "Mr.Rajesh Gogna, learned CGSC states that it is not possible for him to give a definite timeline 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. With the aforesaid directions, present writ petition is closed."
The Court further directed the matter to be listed for July 15, 2023, for compliance.
Advocate Charu Walikhanna appeared for the Petitioner while the Respondents were represented by the Central Government Standing Counsel Rajesh Gogna and Advocate Priya Singh.
The Delhi High Court was dealing with a Writ Petition filed under Article 226 of the Constitution by Kush Kalra seeking a writ of mandamus to the CISF to allow recruitment of Women as Constable/Driver and Constable/Driver-Cum-Pump- Operator(Driver for Fire Services in Central Industrial Security Force at par with Males.
Kush Kalra's Petition submitted that there is no reasonable justification for excluding women from employment opportunities in the Constable/Driver for Fire Services role within the CISF. Kalra stated that this assertion is grounded in the fact that women are already serving as constables in the CISF, and in Bihar, the Central Selection Board of Constables recruits both men and women for the identical position of Driver Constable/Driver for Fire Services.
The Petition also highlighted that there is no discrimination based on gender or marital status in these recruitment processes. "On one hand the respondent makes claims in the CISF RAISING DAY 10 MARCH 2018 advertisement that 'CAPF HAVING HIGHEST PER CENTAGE OF WOMEN WORKFORCE.' While on the other hand in the CISF Sentinel 2017 on Page 55 it is stated “Women are a small minority in CISF, comprising barely 5.32% of the total strength. Women join as Constable, Head Constable Clerks, ASIs, Sis and Assistant Commandos (through CPO examination). There are NO women drivers or armourers of fire wing personnel.....On the whole, as an employer, CISF may be considered a benevolent one for women", reads the Petition.
Petitioner further relied on the Judgement of the Apex Court in the case of Charu Khurana vs Union of India, AIR2015SC839 where it was held that equality cannot be achieved unless there are equal opportunities and if a woman is debarred at the threshold to enter into the sphere of profession for which she is eligible and qualified, it is well-nigh impossible to conceive of equality. It also clips her capacity to earn her livelihood which affects her individual dignity.
It was further submitted that the CISF, Act, 1968 nowhere in Section 4 (Appointment and powers of supervisory officers) nor Section 5 (appointment of enrolled members of the force) relating to appointment excludes the recruitment of females in fact, the whole CISF Act, 1968 does not have any mentions about non-recruitment of women.
"When discrimination is sought to be made on the purported ground of classification and such classification must be founded on a rational criteria. The criteria which in absence of any constitutional provision and it will bear repetition to state, having regard to the societal conditions as they prevailed in the early 20th century, may not be rational criteria in the 21st century" stated the Petition.
Cause Title: Kush Kalra v. Union Of India & Ors. [W.P.(C) 4186/2018]
