Is 80% Reservation For Women In Nursing Attendant Posts Permissble?: SC Issues Notice

BACKGROUND OF THE CASE

• A plea was filed before the Patna High Court against the CAT’s decision and challenging the Office Memorandum which was issued by Central Body Instituted of AIIMS to provide 80% reservation for women during the recruitment for the post of Nursing Officer.
• That application also challenges the recruitment of Nursing Officers (Staff Grade II) by the AIIMS Patna Corrigendum.

CASE BEFORE THE COURT

• A group of male nurses have filed a plea and challenged the order of the Patna High Court. The said order had dismissed their plea challenging the order of Central Administration Tribunal, Patna.
• The present petitioners are working on a contractual basis in AIIMS Patna. They have the required educational qualification and experience for the appointment for the post of Nursing Officers on a regular basis.
• Thus, they are objecting to the reservation decision made and are requesting to stay the order from further implementation.

ARGUMENTS OF THE ADVOCATE

• The Advocate of the petitioner has argued that the 80% reservation made with regard to the direct recruitment for Nursing Officer post does not come under reasonable classification.
• It is inconsistent with Articles 14, 15 and 16 and is liable to be struck down.
• Further, it also argued that AIIMS CIB being a statutory body was not a competent authority to provide such reservations.
• The petitioner said that an institution like AIIMS must lay out efficient and competent criteria for recruitment.

HEARING BEFORE THE COURT

• Thus, the decision taken by AIIMS for providing 80% reservation to women in the recruitment procedure for the post of Nursing Attendants has been challenged before the Supreme Court.
• This matter will be taken up on 6th September, 2021 by a Division Bench consisting of Justice UU Lalit, Ajay Rastogi and Aniruddha Bose.

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