GOVERNMENT OF ANDHRA PRADESH versus P.B. VIJAYAKUMAR AND ANR.

GOVERNMENT OF ANDHRA PRADESH versus P.B. VIJAYAKUMAR AND ANR.

Rule 22-A(2) does not violate Articles 14 or 16; it is a valid special provision for women under Article 15(3), providing limited affirmative action and not reservation in the normal sense. Preference to women to the extent of at least 30% of posts in each category is constitutional, advancing gender equality in public employment.

Parties
Appellant: Government of Andhra Pradesh; Respondent: P.B. Vijayakumar; Respondent: Andhra Pradesh State
Jurisdiction
India
Judgment Date
12 May 1995
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals allowed; Rule 22-A(2) upheld as valid.
Legal Topics
State and Subordinate Service Rules, Reservation for Women, Interpretation of Articles 15 and 16, Affirmative Action in Employment
Constitutional Law Service Law State and Subordinate Service Rules Reservation for Women Interpretation of Articles 15 and 16 Affirmative Action in Employment

Case Brief

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Parties

Government of Andhra Pradesh

Appellant

P.B. Vijayakumar

Respondent

Andhra Pradesh State

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Validity of Rule 22-A(2) Andhra Pradesh State and Subordinate Service Rules providing preference to women in public services
  2. 2 Whether Rule 22-A(2) violates Articles 14 or 16 of the Constitution

Ratio Decidendi

Rule 22-A(2) does not violate Articles 14 or 16; it is a valid special provision for women under Article 15(3), providing limited affirmative action and not reservation in the normal sense. Preference to women to the extent of at least 30% of posts in each category is constitutional, advancing gender equality in public employment.

Court Disposition

Appeals allowed; Rule 22-A(2) upheld as valid.

Orders

  • Judgment of the High Court striking down second part of Rule 22-A(2) is set aside.
  • Rule 22-A(2) Andhra Pradesh State and Subordinate Service Rules is upheld as valid.