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Pregnancy Cannot Be Ground to Deny Public Employment: Allahabad HC

UPSC / SSC current affairs note · Polity

PolityJudiciaryWomen and LawGender Equality

Why in news

The Allahabad High Court ruled that pregnancy cannot be a ground to deny public employment, in a case where a woman was refused deferment of her physical efficiency test due to pregnancy. The court emphasized that such denial violates constitutional rights and gender justice.

Background

Komal Jaiswal applied for Forest Guard and Wildlife Guard posts in Uttar Pradesh. She was called for a physical efficiency test but was unable to participate due to pregnancy. The Uttar Pradesh Subordinate Services Selection Commission refused to defer the test, leading to her special appeal.

Key facts

in5points
  1. The Lucknow bench of Allahabad High Court delivered the judgment.

  2. The case involved a special appeal by Komal Jaiswal against the UPSSSC.

  3. The court held that pregnancy cannot be a ground to deny public employment.

  4. The refusal to defer the physical efficiency test was deemed unconstitutional.

  5. The ruling reinforces gender equality and non-discrimination in public employment.

  6. The court cited constitutional principles of equality and justice.

Prelims pointers

  • Allahabad High Court (Lucknow bench)
  • Uttar Pradesh Subordinate Services Selection Commission (UPSSSC)
  • Forest Guard and Wildlife Guard recruitment
  • Article 14 (Right to Equality)
  • Article 15 (Prohibition of discrimination on grounds of sex, etc.)
  • Article 16 (Equality of opportunity in public employment)

Mains angles

  • Discuss the constitutional validity of denying employment opportunities based on pregnancy.
  • Examine the role of judiciary in upholding gender justice in public employment.
  • Analyze the impact of this judgment on women's participation in the workforce.
  • Critically evaluate the existing policies for accommodating pregnancy in recruitment processes.