Court Orders Post to Remain Vacant Until Petitioner's Re-assessment; Highlights Importance of Relaxation for New Mothers
In a landmark decision, the Rajasthan High Court has ruled in favor of Sushila, a petitioner who was disqualified from the Physical Efficiency Test (PET) for a Constable - Driver Female position in Barmer due to recent childbirth. Presided over by Justice Munnuri Laxman, the court emphasized the necessity of accommodating the special circumstances of pregnant women in recruitment processes.
Sushila, represented by Advocate Ms. Shaambhvi Mardia, successfully passed the written examination for the post. However, her participation in the PET scheduled for December 14, 2025, came under scrutiny due to her recent delivery on November 29, 2025. Despite submitting a representation to the authorities requesting a postponement in line with the advertisement's provisions, she voluntarily participated in the test because her request had not been processed.
The court noted that the recruitment rules and advertisement provisions explicitly advise against pregnant women participating in the PET immediately after childbirth. Such candidates are allowed to partake in the test later upon submission of a fitness certificate within six months post-delivery. The judgment stressed that these provisions are designed to safeguard the health and well-being of new mothers.
Justice Laxman ruled that Sushila should be afforded another opportunity to undertake the PET, taking into consideration her medical condition and the short interval between her delivery and the test date. The court directed the respondents not to fill the vacancy until Sushila is given a chance to participate within six months, contingent on her providing a fitness certificate from a State Medical Officer.
This ruling sets a significant precedent, highlighting the judiciary's role in ensuring fairness and equity in recruitment processes, especially for women navigating the challenges of motherhood. It underscores the importance of flexible policies that accommodate the physiological needs of female candidates, thereby promoting inclusivity in employment opportunities.
The decision resonates with broader societal values of empathy and support for women balancing professional aspirations with personal responsibilities, particularly in physically demanding roles such as law enforcement.
Bottom Line:
Recruitment - Physical Efficiency Test for pregnant women - Relaxation granted in terms of advertisement provisions for participation after delivery and submission of fitness certificate.
Statutory provision(s): Condition No. 10 of the advertisement for recruitment, Rules regarding Physical Efficiency Test for pregnant women.
Sushila v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2825306
