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Court noted that the examination process was initiated in 2021 and is not complete yet; meanwhile, the woman got married and pregnant
The Allahabad High Court today came to the rescue of a woman ousted from the recruitment process for the post of Forest Inspector under the U.P. Subordinate Service Selection Commission for she sought deferment of her physical test owing to her 5-month pregnancy.
The bench of Justices Rajan Roy and Om Prakash Shukla directed the Commission to allow the woman to appear in the physical test following the delivery of her child.
Court ordered the Commission to arrange the woman's individual physical test 6 weeks after the delivery.
Court noted that the examination process was initiated in 2021 and is not complete yet; meanwhile, the woman got married and pregnant.
Court said, "You cannot expect State-caused delays in recruitment process to bar a woman from starting a family".
The notification for the recruitment was published in 2021. The preliminary test was conducted on August 14, 2021, and the mains was held on April 30, 2023.
The result of the main examination (written test) was declared on September 27, 2023, and the woman cleared the same. Thereafter, the physical test was scheduled for February 16, 2024.
Upon notification of the physical test, the woman filed an application on February 15, 2024, before the Commission seeking deferment of her test citing her pregnancy.
On the day of the physical test as well, the woman appeared at the venue and again submitted an application before the examiner to allow the deferment.
However, the examiner went on to conduct the test for all other candidates but the woman.
Seeking relief, the woman approached the high court.
At the outset, the division bench said to the woman's counsel that she should have been discrete as when she cleared the mains examination as she was aware that a physical test would follow.
However, the bench held that the woman had the right to opt for the family way as the recruitment process had been long delayed on the State Government's part.
It also observed that the woman met all the qualifications for recruitment and requested only a deferment of the physical test involving a 14-kilometer walk within 4 hours.
Therefore, the bench, purely on the ground of equity and in light of the facts of the case, allowed the woman's plea.
The bench clarified that the matter will not be treated as a precedent.
Furthermore, the bench ordered that any application on the same grounds by another candidate will not be entertained unless filed before February 16, 2024, the scheduled date for the physical test.
Case Title: SHALINI PANDEY VS U.P. SUBORDINATE SERVICE SELECTION COMMISSION, LUCKNOW THRU. SECY. AND ANOTHER
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