Rajasthan High Court Orders Fresh Physical Test For Woman Constable Candidate Who Appeared Soon After Childbirth
The Rajasthan High Court has directed the State to “sympathetically” grant another opportunity to a woman candidate to appear in the Physical Efficiency Test (“PET”) for the post of constable-driver, who was disqualified from the PET in the selection process after she could not qualify in the running test since she had given birth just 15 days back.The bench of Justice Munnuri...
The Rajasthan High Court has directed the State to “sympathetically” grant another opportunity to a woman candidate to appear in the Physical Efficiency Test (“PET”) for the post of constable-driver, who was disqualified from the PET in the selection process after she could not qualify in the running test since she had given birth just 15 days back.
The bench of Justice Munnuri Laxman highlighted that the recruitment rules as well as the advertisement conditions took into account the medical condition of pregnant or post-partum women, and discouraged them from participating in physical tests requiring strength.
The Court was hearing a petition filed by a candidate for the post of constable-driver who had qualified the written examination, and had sought exemption from PET on account of having delivered a baby. Since she did not receive any response to the representation made, she appeared for the PET but failed to qualify, and hence was disqualified from the selection process.
This disqualification was challenged before the Court in light of Condition 10 of the advertisement for the post which suggested that pregnant or post-partum women should not participate in the PET. As per the rules, the fitness certificate had to be submitted within 6 months of delivery for participating in the PET.
In this light, it was argued that even though the petitioner participated in the PET just 20 days after delivery, in light of this condition, her test was required to be exempted.
After hearing the conditions, the Court opined that the State should consider the case of the petitioner “sympathetically” by taking into account her medical condition.
“Considering the medical and physical condition of the petitioner, the delivery date and the scheduled date for Physical Efficiency Test, this Court is of the view that the present petitioner shall be given one more opportunity to participate in the Physical Efficiency Test keeping in mind the relaxation as provided in terms of the conditions of the advertisement.”
Accordingly, State was directed to not fill-up one post of the constable-driver till an opportunity was given to the petitioner to participate in PET, and the petition was disposed of.
Title: Sushila v the State of Rajasthan & Ors.
Citation: 2025 LiveLaw (Raj) 425
For Petitioner(s): Ms. Shaambhvi Mardia