Denying employment opportunities to pregnant women violates constitutional and international principles of maternity protection.

K.K. Usha, J.

This appeal at the instance of the Kerala Public Service Commission is from the judgment of the learned Single Judge in OP No. 1597/2000 filed by the 1st respondent herein. The learned Single Judge allowed the prayer made by the petitioner for granting her a further chance to undergo the endurance test for selection to the post of Agricultural Assistant Grade-II for the reason that she could not take part in the test on the date originally fixed, as she was in advanced stage of pregnancy. The learned Judge directed Kerala Public Service Commission to conduct an endurance test for the petitioner before finalising the rank list of Agricultural Assistant Grade-II. It is submitted at the Bar that pursuant to the judgment of the learned Single Judge endurance test was given to the petitioner on 29/06/2000 and she came out successful in the test.

2. The Public Service Commission challenges the above judgment of the learn Single Judge on the ground that the direction given by the learned Judge would amount a direction to relax the Conditions of Rules of Recruitment by the Public Service Commission, which, according to the appellant, is directly against the dictum laid down by the Supreme Court in Jammu & Kashmir public Service Commission v. Dr. Narinder Mohan 1994 KHC 789 : 1994 (2) SCC 630 : 1994 SCC (L&S) 723 :1994 (27) ATC 56 : AIR 1994 SC 1808 : 1994 (1) LLJ 780 : 1994 (1) CLR 1 : 1994 (1) SLR 246. It is further contended that if the PSC had accepted the request made by the petitioner, it would be violating the dictum laid down by this Court in Rangaswamy v. Kerala Public Service Commission 1982 KHC 138 : 1982 KLT 574 : ILR 1982 (2) Ker. 59 : 1982 KLN 315. The learned counsel for the appellant pointed out that if such relaxation are granted on the ground of ill-health, early stage of pregnancy, advanced stage of pregnancy etc., it will be against the larger interest of the candidates and the requirements of the public service. It will be doing injustice to a larger section of the public offending Articles 14 and 16 of the Constitution.

3. We find no merit in the contentions raised by the Public Service Commission in this appeal. Pursuant to a notification issued by the PSC in the year 1994 for appointment to the post of Agricultural Assistant Grade-II the petitioner also submitted her application. A written test was conducted in the year 1997 and a list was published by the Public Service Commission on 08/02/1999, in which the petitioner was also included. Candidates who possess Vocational Higher Secondary Certificate in agriculture has to undergo an endurance test, whereas the diploma holders are exempted from it. The petitioner was placed as serial No. 739 in the short list published by the Public Service Commission.

4. The petitioner got married in November, 1998 and she became pregnant. Her expected date of delivery was 2nd December, 1999. She received a communication from the 1st respondent scheduling the endurance test on 29/11/1999. In the endurance test a candidate has to run 1600 metres within 10 minutes and should do manual work on land measuring .4 Are within one hour. The test is common for male and female candidates. The above mentioned works were part of the syllabus of the certificate course undergone by the petitioner. In view of her advanced stage of pregnancy, she submitted a representation before the Public Service Commission on 22/11/1999 praying for an opportunity to participate in the endurance test after 45 days. Along with her representation Ext. P2 she produced a medical certificate to the effect that tier expected date of delivery is 02/12/1999. The petitioner submitted that since the endurance test is scheduled to 29/11/1999, it was impossible for her to take part in the test. On 12/12/1999 also the petitioner made Ext. P4 representation in which she had stated that she had delivered on 04/12/1999 and she will be able to take participate in the endurance test if she is given a c