Kerala High Court permits employment of women in liquor shops

Such orders and rules “are violation of Article 14 and 15 of the Constitution and are therefore unsustainable”, the court said in an order about the state government’s Foreign Liquor Rules as well as a government order that women cannot be engaged to work in foreign liquor shops. 

Justice Anu Sivaraman issued the order while disposing of a batch of writ petitions challenging constitutional validity of Clause No 37 of Rule 7 contained in Chapter VI of the Kerala Abkari Shops Disposal Rules, 2002 to the effect that no women shall be employed in any capacity in a toddy or foreign liquor shop. 

In their petition, the women said they had participated in the selection and had been included in the ranked list for appointment  to the post of peon/helper in the Kerala State Beverages (Manufacturing & Marketing) Corporation Ltd. However, citing the rules and government order they were not given appointment in the vacancies which arose in the shops under the corporation. A notification issued by the Kerala Public Service Commission had also stated that women will not be entitled to appointment in shop vacancies. 

The court directed the Kerala Public Service Commission to advise the petitioners for appointment to the post of peon/helper in the corporation from the ranked list immediately, in view of the fact that the persons who are lower down in the ranked list have already been appointed. '

The petitioners shall be accommodated against the available vacancies without reference to whether such vacancies are in shops or otherwise. “If no such vacancies are available to accommodate the petitioners, they shall be accommodated against the supernumerary vacancies and adjusted against the next arising vacancies,” the court ruled.