Discrimination against pregnant women in public employment is violative of constitutional rights and the Maternity Benefits Act, and motherhood cannot be an excuse to exclude women from public employment.

Vipin Sanghi, J.

The present petition assails the order dated 27.10.2016 passed by the Principal Bench, Central Administrative Tribunal, New Delhi ('Tribunal') in OA No.3809/2013. Vide the impugned order, the Tribunal has rejected the said Original Application preferred by the petitioner, wherein she had assailed Note II in para 10(D) of the advertisement issued for the recruitment of Sub-Inspectors in Delhi Police & Central Armed Police Forces, Assistant Sub-Inspectors in Central Industrial Security Force, and Intelligence Officers in Narcotics Control Bureau ('Recruitment Advertisement, 2013'), as bad in law. The petitioner also prayed for a direction to the respondents to treat her candidature as valid for the examinations held in pursuance of the Recruitment Advertisement 2013, and to process her application by declaring her result for Paper II and, in case she meets the cut off marks and is placed in the merit list, she be appointed to the post of Sub-Inspector in Delhi Police, after allowing her an opportunity to qualify in the Physical Examination Test and Medical Test.

2. The impugned Note II contained in para 10(D) of the Recruitment Advertisement, 2013 ('Note II') which was assailed by the petitioner, reads as follows:-

"The candidature of female candidates who are pregnant at the time of Physical Endurance Test will be rejected as they cannot undergo PET. No appeal/representation will be entertained against such rejection."

3. While serving in the Delhi Police as a Constable since the year 2009, in pursuance to the Recruitment Advertisement, 2013, the petitioner submitted her application and appeared in the written examination. The same comprises of two papers. On the basis of her performance in the Written Examination, i.e., Paper I, vide letter dated 20.09.2013, the respondent/Staff Selection Commission (SSC) informed the petitioner that she had provisionally qualified for the Eligibility Test, Physical Endurance Test (PET) and Medical Examination (ME). She was informed that the PET and ME would be held from 09.10.2013 onwards. She was required to report to the DIG, Group Centre-1, CRPF Golf Course Road, Ajmer, Rajasthan on 28.10.2013 for the PET and on 29.10.2013 for the ME. The letter dated 20.09.2013 in para 5, stated as follows:-

"Candidates appearing for PET/Medical Examination should satisfy himself/herself that he/she fulfils all the eligibility conditions like age, educational qualifications, and Physical and medical standards as laid down in the notice of the examination. Candidature of female candidates who are pregnant at the time of PET will be rejected as they cannot undergo PET. No appeal/representation will be entertained against such rejection." (emphasis supplied)

4. Good fortune smiled upon the petitioner, when, in the second half of the month of May, 2013, she learnt that she was pregnant. Thus, she carried in her womb, the promise for future generations of our species. This fortune of the petitioner, unfortunately, has been turned into her misfortune by the respondents, who seem to view pregnancy as a calamity; disease, or; disability. Upon learning about her pregnancy, the petitioner approached the respondent/SSC with a request to accommodate her, by postponing her PET/ME, which was scheduled to be held from 09.10.2013. Her request was turned down and she was asked to proceed to the venue for the PET. She did not appear in the PET, for obvious reasons. Consequently, she preferred the aforesaid Original Application to assail the aforesaid condition placed in the Recruitment Advertisement, 2013.

5. The Tribunal did not find favour with the petitioner's challenge to the aforesaid Note II. The view taken by the Tribunal was that since, in the instant case, the recruitment advertisement had clearly stipulated that the candidature of female candidates who are pregnant at the time of the PET, will be rejected as they cannot undergo the said test, and that no appeal/representation will be entertain