The Madhya Pradesh High Court has stepped into a contentious reservation debate, directing the state government to explain its decision to advertise hundreds of nursing faculty positions exclusively for women. This move came after a legal challenge was filed against the recruitment drive.
Petition Challenges Exclusive Recruitment
A vacation bench comprising Justices Amit Seth and Himanshu Joshi has formally sought responses from the state government and the Madhya Pradesh Staff Selection Board. The court acted on a petition filed by Jabalpur resident Naushad Ali, who has contested the legality of a recent job advertisement.
The petition targets the recruitment for a total of 286 posts under the group-1, sub-group-2 combined exam for 2025. According to the plea, all these positions have been reserved solely for female candidates, thereby completely barring male applicants from the process.
Details of the Advertised Posts
The recruitment in question is for faculty roles in government nursing colleges across the state. The breakdown of the advertised positions is as follows:
- 40 posts for Associate Professor
- 28 posts for Assistant Professor
- 218 posts for Sister Tutor
The petitioner argues that this 100% reservation for women is not only illegal but also runs counter to established reservation policies and constitutional principles.
Constitutional and Legal Violations Alleged
Naushad Ali's legal team has put forth several key arguments against the recruitment notification. They contend that the move violates the rules set by the Indian Nursing Council, the apex regulatory body for nursing education in India.
More significantly, the petition states that the exclusive reservation infringes upon Articles 14, 15, and 16 of the Constitution of India. These articles are the bedrock of the right to equality and guarantee equal opportunity in matters of public employment.
The counsel also invoked the landmark Supreme Court judgment in the Indra Sawhney case (1992), which famously laid down that total reservations should not exceed 50% of the available seats or posts. The current advertisement, by reserving all posts for one gender, appears to blatantly disregard this ceiling.
Court's Directive and Next Steps
After a preliminary hearing, the High Court bench issued formal notices to the respondents, which include the State of Madhya Pradesh and the MP Staff Selection Board. The authorities have been asked to file their replies explaining the rationale behind the 100% reservation policy.
The court has scheduled the next hearing in this matter for January 5. The outcome of this case could have significant implications for reservation policies in public sector recruitment, especially in fields traditionally dominated by one gender.
This legal challenge highlights the ongoing tension between efforts to ensure gender representation and the constitutional mandate for equality. The state government's response will be closely watched, as it must justify a policy that leaves no room for male candidates in a major public recruitment drive.
