A division bench, comprising Chief Justice D Y Chandrachud and Justice Yashwant Verma, passed the order on a writ petition of Vimla Srivastava, a resident of Azamgarh district, who has challenged the validity of the clause under UP Recruitment of Govt Servants Dying In Harness Rules whereby only unmarried or widowed daughters of deceased government employees could be considered as eligible for appointment on compassionate grounds.
The petitioner's contention was that the aforesaid provision was in violation of Article 14 of the Constitution as per which the state must not deny to any person the right to equality before law nor should there be any discrimination on the basis of religion, caste, sex or birth.
It was contended by the state counsel that a daughter, on marriage, became "a member of her in-laws' family", was "taken care of by the husband" and hence "excluded from the dependency of her father".
The court, while directing the state government to file an affidavit explaining "the reasoning behind excluding married daughters", fixed December 4 as the next date of hearing in the matter.