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Judgment
Anand Mathur, Member (A)
Mr. Parvaiz Nazir, learned counsel for the applicant, and Mr. Bikram Deep Singh, learned counsel for the respondents are present.
Learned counsel for the applicant states that the applicant is pregnant at present and she is not in a position to attend the physical test which is a part of selection to the post of Constable. In support of her claim, she has quoted judgment of Hon’ble Apex Court delivered in Civil Appeal No. 7661 of 2019 and the judgment and order dated 27.09.2019. The operative portion of which reads as under:-
“We are of the view that not only the appellant but all such candidates who sought deferment on account of pregnancy alone should be called for PET. Since sufficient time has elapsed, we see no reason to further postpone the PET on that account for such of the candidates. Out of the candidates so called those who qualify the PET and are otherwise found in the merit for appointment alone would be eligible to be considered for appointment, subject to verification of the factum of pregnancy. Such process should be completed within a period of two months. All such people will, however, take merit at the bottom of the current list as it is the vacancies which are now advertised against which the candidates are being adjusted. We are conscious that this would possibly reduce the number of seats available for the subsequent examination but then that is the natural corollary of the aforesaid direction. In case, in the meantime, more seats are available for candidates it may not even require the seats advertised to be reduced.
We are persuaded to do the aforesaid also for the reason that had recruitments taken place in accordance with certain predefined schedules, intervention of this court would not have been called for as candidates would have known as to when recruitment would take place and would have to plan their life accordingly. However, that has not happened and in fact, as stated aforesaid, it is on the prodding of this court that these examinations have been held. In view of this fact, we feel it is a fit case where the benefit should be made available to the candidates who may be in the advance stage of pregnancy at the relevant stage of time but have otherwise qualified the test.
We make it clear that the aforesaid is a one time measure as we are informed that now the examinations are being held periodically. We are not inclined to open a flood gate effecting sanctity of the future examination.
The appeal is accordingly allowed leaving the parties to bear their own costs.”
Learned counsel for the applicant pleads for similar exemption in the case of the applicant. He further pleads that he would be satisfied if the respondents are directed to consider her pending representation dated 17.05.2022 along with contents of the present OA and pass the speaking order within a time frame.
Learned counsel for the respondents is present.
In view of the limited prayer made by the learned counsel for the applicant, the respondents are hereby directed to consider the representation dated 17.05.2022 of the applicant along with the contents of the present OA and dispose of the same by passing a Reasoned and Speaking order by 12.6.2022. We are aware of the unreasonably short time being given to the respondents but in view of the fact that she is required to appear for the test on 13.6.2022, it is necessarily to be done before the said date. A copy of the speaking order so passed be provided to the applicant.
O.A.525/2022 is disposed of accordingly.
We have not entered into the merits of this case.
No order as to costs.