Legal Question in Constitutional Law in India
any violation of fundamental rights enshrined in Indian Constitution?
Case1. If Punjab Government does not allow female Government college teacher to marry within the first 10 years of service ?
Case 2. If central government reserves 20% posts of doctors for women candidates ?
Case 3. If a shopkeeper in Chandigarh advertises posts of sales persons and makes only male candidates eligible ?
Case 4. If in a Hotel, married persons are not allowed to enter ?
Case 5. If Harijans are not allowed to enter Brahmin's colony ?
Case 6. If for a post of Gynecologist in a Government -Aided charitable hospital, only female candidates are eligible to apply ?
Case 7. If Haryana Government declares those whose in below Rs. 24000/- P.A. as backward and reserves 10% posts of clerks for them ?
5 Answers from Attorneys
Re: any violation of fundamental rights enshrined in Indian Constitution?
So far so Point No. 1, 5, 6 are concered they clearly violate Constitutional Provisions. However, Point No. 2, 3, 4, 7 do not violate Constitutional Provision.
My Advocate Friend Mr Sheelayathi has aptly answered your queries in detail.
However, with respect, i differ from his answer on Point No. 4. A hotel is private body, it can reserve access to its premises for the person whom he wants. So if the hotel does not allow married person, then its does not violate constitutional provision.
May feel free to contact
Re: any violation of fundamental rights enshrined in Indian Constitution?
only point 4. is an example of discrimination and is violation of fundamental right.Rest 1,2,3,5,6,7 does not amount to violation of any fundamental right.
Re: any violation of fundamental rights enshrined in Indian Constitution?
Q.1 Case1. If Punjab Government does not allow female Government college teacher to marry within the first 10 years of service ?
it is bad in law bcoz marriage is a personal liberty. under various personel laws marriage is permissible. punjab govt/any state can not prevent a college teacher to marry within first 10 years of her first employment as teacher. under art 14,16,21 of indian constitution and personel laws like hindu marriage act and mohammadan law no state can prevent a teacher to marry as per the provisions under the above acts. its a voilation of fundemantal rights.
Q.2 If central government reserves 20% posts of doctors for women candidates ?
it is permissible under indian constitution.art 14 permits cassification but forbids class legeslation.art 15 also favours (woman oriented laws.)it.art 16(4) supports it. indirasahney case permits reservation up to 50% . within that govt can make reservation for various categeries including woman doctors.20% reservation for woman doctors are right in the eye of present law.no voilation of fundemantal rights.
Case 3. If a shopkeeper in Chandigarh advertises posts of sales persons and makes only male candidates eligible ?
yes it can be. reservation for posts is only for public employments under art 16. state shall not make discrimination inrespect of public employment with a certain exceptions.these provisions are not applicable to pvt shopkeeper. decission taken by the chandigarh shopkeeper is right in the eye of law.
Case 4. If in a Hotel, married persons are not allowed to enter ?
it is a clear voilation of fundemantal right under art 14 (and 15)
Case 5. If Harijans are not allowed to enter Brahmin's colony ?
this is voilation of art.14 and 17 of indian contitution.and also various other acts.
Case 6. If for a post of Gynecologist in a Government -Aided charitable hospital, only female candidates are eligible to apply ?
yes it can be .no voilation of constitutional provision. see answer as for case no 3.
case 7.If Haryana Government declares those whose in below Rs. 24000/- P.A. as backward and reserves 10% posts of clerks for them ?
this is voilation of art 16(4) of our constitution. reservation is only for socially backward persons.but not for econamically backward persons.
Re: any violation of fundamental rights enshrined in Indian Constitution?
In Cases No. 1,2,3,5,6,7 does not violate any fundamental right.
Case No. 4 is purely violation of fundamental rights under Art 14(15).
Re: any violation of fundamental rights enshrined in Indian Constitution?
Cases 1 4 & 5 are in my opinion violation of fundamental rights.
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