Appointment in Railway Protection Force – Denial based on pregnancy

In 2018, the petitioner had applied for the post of Constable in RPF.  In the computer based test, the petitioner had obtained 72.67 marks, higher than 64.16  cut-off marks.

On 20.4.2019, the physical test and document verification was scheduled.  However, since she was in advanced stage of pregnancy, the petitioner requested to postpone her PET of 800 meter run, long and high jump.  This was not accepted and the petitioner was denied the appointment.

HELD In our considered view, discrimination based on pregnancy should never hinder a woman’s right to pursue her career aspirations as maternity should not be seen as a barrier but as a fundamental human right of every woman.  Merely a woman employee exercises and chooses her right to be a mother she cannot be penalized by treating pregnancy as a disability.