Shah, J. - (1.) Preference given to a woman for being appointed as a Principal of the Government College for Girls is held to be violative of Arts. 14, 15 and 16 of the Constitution of India.- On the face of it, it appears that such reservation in favour of a woman for being appointed as Principal of exclusive Girls College cannot be held to be violative of right to equality.
(2.) However, this question is required to be decided in view of the judgment rendered by the High Court of Punjab and Haryana in Writ Petition No. 11694 of 1994 holding that Rules providing reservation/preference in favour of a woman is violative of Arts. 15 and 16 of the Constitution. That judgment is challenged by filing this appeal.
(3.) For this purpose, the High Court interpreted Rules 5, 8 and 10 of the Punjab University Calendar Volume III, which are as under :- "Rule 5. The Principal of a womens college shall be lady who shall possess at least Masters Degree in 1st or 2nd Class or an equivalent degree with experience of teaching in a college. This rule shall not apply to Womens Colleges whose men or women Principals have already been approved. Provided that on their retirement, a qualified lady Principal shall be appointed. Rule 8. As far as possible, ladies shall be appointed as teachers. In case a qualified lady teacher in a particular subject is not available, the college authorities may appoint a man teacher with the prior approval of the Vice-Chancellor. A man teacher so appointed shall not be confirmed by the management in his post and he shall be replaced as soon as a suitable qualified lady teacher is available. Rule 10. The College shall have a hostel in or near the premises of the college. It shall be under the charge of a whole time Woman Superintendent. There shall be a part time or whole time woman Medical Officer." ;