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2019 Supreme(Pat) 76

A. P. SAHI, ANJANA MISHRA
Chairman, Central Selection Board (Constable Appointment), Bihar, Patna – Appellant
Versus
Ishika Raj, Daughter of Rajendra Mandal – Respondent


Advocates Appeared:
Pushkar Narayan Shahi, Adv., Sanjay Pandey, Adv., Binod Kumar Mishra, Adv., Yogesh Chandra Verma, Adv., Prem Sheela Pandey, Adv., Saroj Kumar Sharma, Adv.

JUDGMENT :

Amreshwar Pratap Sahi, J.

1. This appeal questions the correctness of the judgment dated 3rd August, 2017 of the learned Single Judge whereby the learned Single Judge has accepted the prayer of the respondent petitioner for holding of her Physical Evaluation Test as well as that of other similarly situated candidates who on account of their advanced stage of pregnancy at the time of the Physical Endurance Test were unable to undertake the same.

2. The appellants have come up questioning the correctness of the said judgment on the ground that right of employment is not a fundamental right and there is no such condition stipulated either under the advertisement or under the Rules, whereby a female candidate who misses her chance to appear in the Physical Endurance Test on account of her own volition, the appellants are bound to extend or postpone the date of such test. It is the appellants' contention that the natural right of the respondents to beget a child is a voluntary act and not an act of compulsion or otherwise in any way a contingency so as to extend them a rig







































































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