The Allahabad High Court has ruled that a woman cannot be denied public employment due to pregnancy, stating that forcing candidates to choose between motherhood and a job infringes on their reproductive rights and right to livelihood.
A division bench at the court’s Lucknow seat, comprising Chief Justice Arun Bhansali and Justice Jaspreet Singh, delivered the verdict on a special appeal filed by recruitment candidate Komal Jaiswal. The bench overturned an earlier single-judge ruling and set aside a decision by the Uttar Pradesh Subordinate Services Selection Commission that had rejected her request to postpone a physical fitness evaluation. The judges directed the selection commission to conduct her test within four weeks.
Court Overturns Recruitment Commission Decision
In its order passed on July 22 and released on Thursday, the division bench stated that marital status or pregnancy must not serve as a disqualification for government posts. Addressing the commission’s refusal to delay the assessment, the court highlighted that selection rules did not explicitly prohibit deferring physical tests and stated that authorities should adopt a compassionate approach in exceptional situations.
The bench further observed that penalizing women for life events like marriage and childbearing during prolonged selection cycles contradicts principles of fairness and equality. It noted that more than two years had elapsed between the initial recruitment advertisement and the written examination.
Background Of The Legal Challenge
The legal dispute originated from the 2023 recruitment drive for Forest Guard and Wildlife Guard positions conducted by the state selection commission. After successfully passing the written examination, Jaiswal was scheduled to undertake a 14-kilometer physical walking test in February 2026.
As she was nine months pregnant at the time, Jaiswal requested that her physical assessment be rescheduled until after childbirth. However, the commission denied her application, maintaining that existing recruitment regulations contained no specific provisions allowing for test postponements.
Directives For Appointment And Merit Protection
Resolving the appeal in Jaiswal’s favor, the High Court instructed the selection commission to reserve one vacancy in the Other Backward Classes (OBC) women category while her evaluation is completed.
The court ordered that if Jaiswal successfully clears the upcoming physical test, subsequent medical examination, and final merit list, the state must appoint her with all consequential benefits. These benefits must be applied retroactively to the date when a candidate with a lower rank in the OBC women category received an appointment.
