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In a plea filed by a Tamil Nadu Police Constable Aspirant, Madras HC issues ordered her recruitment in-spite of her failure to clear the Physical test. R Devika, who appeared for recruitment in Grade 2 Police Constable Jail Warden for the state of Tamil nadu was not selected for the post specified in the recruitment as she failed to qualify the physical test prescribed in the notification. Physical test required the candidate to complete a running of 100mtrs in 17.50 seconds however R Devika completed the race in 18.20 Seconds. This delay of 30 seconds failed her in the physical test resulting in her disqualification for the notified post.
Further, the aspirant requested leniency in the running test. She claimed that leniency to be provided to her on the ground that she was 8 months pregnant at the time of the test. She also said that she had clear intentions to complete the test within the time frame of 17.50 seconds however couldn’t because of her 8 months pregnancy. The board however denied her plea and notified her as not fit for the post.
Aggrieved from the order of the Tamil Nadu Recruitment Board, she filed Writ Petition under Article 226 at Madras High Court demanding it to issue a Writ of Mandamous directing the board to consider her representation and select her on the ground of mercy for the post of Jail Warden as prescribed in the notification.
The pleader appearing on behalf of the board contested that all the recruitment rules and the procedure to be followed are written in the brochure published. He also said that no deviation from the prescribed norms and procedures can be done for whatsoever reason and if they do so it’ll open gates for all the disqualified candidates and would eventually hamper the recruitment process.
The bench comprising of Justice S. Vimala while referring to previous judgements where courts have widened the scope of Article 15(3) of the Indian Constitution said effective equality & elimination of general bias require special treatment to women who are facing special needs of that time & declining such treatment is highly objectionable.
The court while observing other aspect also said that pregnancy and the childbirth should not be considered as the impediment for the discharge of duty. The childbirth should be considered as a contribution to continuity of generations, without which the existence of the world is impossible. The court also ordered the board to take into special account the Constitutional provisions & International conventions on Maternity rights while issuing the recruitment notifications from next time. The court also ordered the board to frame guidelines by providing the best possible measures to support women candidates who are at difficult circumstances on account of pregnancy or other natural causes. The court also said the participation by the petitioner in a running test itself is a sign of courage& taking 0.30 seconds extra should have been considered negligible under the given context. The court directed the authorities to select Devika for employment for the post notified attendant benefits.
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