In a landmark judgment, the Delhi High Court has ruled that pregnancy cannot be treated as a disability or disqualification for public employment opportunities. The court emphasized that motherhood should never be a basis for denying employment to women.
Case Background:
The case, heard by a division bench of Justice Rekha Palli and Justice Shalinder Kaur, involved a female candidate who had applied for the position of Constable in the Railway Protection Force/Railway Protection Special Force (RPF/RPSF) in response to Employment Notice No. 01/2018. Despite securing high marks in the Computer Based Test (CBT), the petitioner was denied appointment as she could not appear for the Physical Efficiency Test (PET) and Physical Measurement Test (PMT) on April 20, 2019, due to her advanced stage of pregnancy.
Legal Issues and Court’s Decision:
1. Discrimination based on pregnancy: The court held that denying employment opportunities to women due to pregnancy is discriminatory and violates Articles 14, 15, 16, and 21 of the Constitution of India.
2. Accommodation for pregnant candidates: The court criticized the respondents for not postponing the PET for the petitioner, stating that employers, especially the State, should be sensitive to the challenges faced by pregnant women candidates.
3. Gender equality in employment: The judgment emphasized the importance of having adequate representation of women in civil employment and Armed Forces/Police.
4. Right to motherhood: The court asserted that motherhood is a fundamental human right and should not hinder a woman’s career aspirations.
Quoting the judgment, the court observed: “It is time that all authorities, especially those dealing with public employment realize that it is essential to support women who are eager to contribute to the nation, and ensure that they are not denied their rights due to pregnancy or other such causes which cannot be treated as a disability or an illness.”
Court’s Decision:
The court allowed the writ petition and directed the respondents to:
1. Permit the petitioner to appear in the PET, PMT, and document verification within 6 weeks.
2. Appoint her as a Constable in the RPF/RPSF with retrospective seniority and other benefits if she passes the tests and meets eligibility criteria.
3. Pay 50% of backwages as arrears.
4. Pay costs of Rs. 1,00,000 to a lady who recently suffered injuries due to a roof collapse in the Delhi High Court premises.
Also Read
Case Details:
– Bench: Justice Rekha Palli and Justice Shalinder Kaur
– Petitioner’s Lawyer: Mr. Anil Singhal
– Respondent’s Lawyer: Ms. Uma Prasuna Bachu, Senior Panel Counsel for Union of India
– Case Number: Not specified in the provided judgment
