New Delhi, May 22 (PTI) The Supreme Court on Thursday said a greater representation of women in the judiciary would "greatly improve" the overall quality of judicial decision making and this impacts in cases affecting women.

The apex court said advancing women's greater participation in judiciary also played a role in promoting gender equality in broader ways and the country would greatly benefit from a judicial force that is competent, committed and most importantly, diverse.

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A bench of Justices B V Nagarathna and Satish Chandra Sharma, as a result, ordered the reinstatement in service of a woman judicial officer in Rajasthan who was appointed in February 2019 on probation for a period of two years.

The bench observed she was not issued any posting order and in May 2020, she was discontinued from service by holding that she was not fit for confirmation in the Rajasthan Judicial Service.

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The woman, who belonged to the Scheduled Tribe category, cleared the Rajasthan Judicial Service Examination in 2017 when she was also suffering from a medical condition.

The top court's verdict came on her appeal against an August 2023 order of the Rajasthan High Court, declining her relief against the showcause notice and the discharge order.

"The appellant has been awarded capital punishment for a minor irregularity (omission)," the court said.

The bench said to holistically understand women's effective participation in judiciary, it was important to look at three main phenomena -- their entry into legal profession, retention and growth of their numbers in profession and advancement of women, in numbers, to senior echelons of profession.

Many have stressed that an increased diversity within the judiciary and ensuring judges were society's representatives enabled it to better respond to social and individual contexts and experiences, it added.

"It is a recognition of this fact that a greater representation of women in the judiciary, would greatly improve the overall quality of judicial decision making and this impacts generally and also specifically in cases affecting women," the bench said.

Observing judicial appointments of women, particularly at the senior level, could shift gender stereotypes, thereby, changing attitudes and perceptions on what was appropriate for men and women.

The women's visibility as judicial officers could pave the way for women's greater representation in other decision-making positions, such as in legislative and executive branches of government, the verdict noted.

The bench said higher numbers and greater visibility of women judges can increase the willingness of women to seek justice and enforce their rights through courts.

In the case at hand, the court noted there was an omission on the woman's part in informing the employer about her past government record but she provided a reasonable explanation.

The woman started her service career in December 2014 by joining as a government teacher in the education department of Rajasthan government.

The bench said she resigned from the teacher's post in October 2018 and her resignation was accepted in December 2018.

The woman, it came on record, submitted her resignation on October 25, 2018, much prior to her interview which was conducted on November 2, 2018, the question of disclosing the past government service was certainly not a material irregularity or a serious misconduct for which she ought to be discharged from service.

"This is certainly not a case where the appellant has suppressed criminal antecedents, which may materially affect her commitment to the judiciary," the bench said.

The top court said it was nobody's case that her performance during probationary period was unsatisfactory.

"The services of a probationer could result either in a confirmation in the post or ended by way of termination simpliciter. However, if a probationer is terminated from service owing to a misconduct as a punishment, the termination would cause a stigma on him," the bench said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)