- (1.) ARUN Tandon, J. Heard learned Counsel for the parties.
(2.) THE admission of girls students in the Boys' institutions, which are situate in rural areas throughout the State of Uttar Pradesh, has been prohibited by the State-respondents with reference to Regulation- 11 (t) of Chapter VII of the Regulations framed under the U. P. Intermediate Education Act, 1921. THE relevant clause reads as follows : "11 (t) Parishad dwara sanstha ko jin abhyarthiyon ke pathan, paathan ke liye manyata pradan ki gayee hai, sanstha meyn ushi prakar ke abhyarthiyon ka pravesh/adhyapan karaya jayega arthat balak ke roop meyn manyata prapt vidyalayon meyn balak tatha balika ke roop meyn manyata prapt vidyalaya meyn balika abhyarthi hi adhyan ke patra hongey. " The restriction so imposed is being challenged on two grounds : (a) Any provision, which prohibits the girls students being admitted in boys institution is hit by Article 15 of the Constitution of India. Article 15 (3) prohibits the State from discriminating on the ground of sex, therefore, there cannot be any restrictions upon the admission of girls students in boys institution. (b) Even otherwise, Clause 11 (t) provides that girls students can be admitted in boys' institutions situate in rural areas where there are no girls institutions in the local area. It has further been provided that if in the girls institution situate in local area and if the subjects in which the girl students seeks admission is not being taught, she can be admitted in a boys institution situate in the local area situate nearby. It is, therefore, submitted that there is no absolute prohibition in admission of girls students in institution established for boys students. Learned Standing Counsel on the other hand with reference to Clause 11 (t) supports the ban imposed.
(3.) I have heard learned Counsel for the parties and have gone through the records of the present writ petition. Article 15 of the Constitution of India reads as follows : "15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.- (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to - (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or party out of State funds or dedicated to the use of the general public. (3) Nothing in this Article shall prevent the State from making any special provision for women and children. [ (4) Nothing in this Article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. ]" Thus, Article 15 prohibits discrimination on the ground of sex, however, Article 15 (3) permits the State Government to make/frame special provisions in favour of female.;