Ajay Rastogi, J.

1. These batch of writ petitions have been referred by the ld.Single Judge on account of two conflicting views to be examined by the Division Bench of this Court “Whether a delay of two years in the physical/efficiency test following the written examination during which a woman candidate became pregnant would entitle to seek postponement of the date of her physical efficiency examination or such date cannot be postponed to the detriment and rejection of the woman candidate.”

2. It reveals from the order passed by the ld.Single Judge dt.20.02.2017 that there are two conflicting judgments of the coordinate Single Bench of this Court on the issue under consideration while in the case of Soniya Sharma Vs. State of Rajasthan & Another [S.B.Civil Writ Petition No.2537/2016] decided on 29.02.2016 it has been held that time of conducting Physical Efficiency Test/Physical Standard Test be extended in giving her reasonable time of relaxation which could make her possible to participate in the physical/efficiency test in the process of evaluating her merit for appointment on the post of Constable. However, prior thereto a contrary view was expressed by the coordinate Single Bench at the Principal Seat at Jodhpur in Suwa Panwar Vs. The State of Rajasthan and Others [S.B.Civil Writ Petition No.6122/2011] decided on 23.08.2011 where it has been held that maternity is indeed a human right of a woman, having qualified written test for the post of Constable, the candidate being aware of the need to undergo physical efficiency test ought to have scheduled her pregnancy accordingly so that she could participate in the physical/efficiency test in the process of evaluating her merit for appointment on the post of Constable.

3. In examining the question raised for our consideration, we take note of the facts for proper appraisal of the matter with the consent of the parties from Writ Petition No.18808/2015.

4. The post of Constable Mineral Protection Force is included in the schedule appended to the Rajasthan Mines and Geological Subordinate Service Rules, 1960 to be filled by open selection and in another writ petition, the post of Constable is included in the Schedule appended to the Rajasthan Police Subordinate Service Rules, 1989 and one has to successfully qualify the Physical Efficiency Test/Physical Standard Test prescribed under the relevant service Rules apart from qualifying in the written examination as prescribed under the Rules of 1960/1989 respectively.

5. In the instant case, the post of Constable Mineral Protection Force came to be advertised vide notification dt.20.07.2013 and the eligible candidates including the petitioner submitted their online application and appeared in the written examination which was held on 15.09.2013 and the result of the written examination was declared on 01.10.2013 wherein the petitioner was declared successful. It may be relevant to note that after declaration of result on 01.10.2013 no information was transmitted about the further process to be held and on one fine morning a news item was published on 06.07.2014 to the effect that selections have been cancelled and the vacancies advertised ceased to exist and the participants left their hope about any further action being taken pursuant to advertisement dt.20.07.2013 and it was only on 22.04.2015, the candidates were apprised through a news item that posts are being included for selection of 14th Battalion RAC through Police Department and necessary amendment in the Rules, 1989 have been made vide Notification dt.20.04.2015.

6. The State Government vide notification dt.20.04.2015 enacted the Rajasthan Police Subordinate Service (Amendment) Rules, 2015 inserted a new proviso to the proviso to cl.(a) of R.6 of the Rules, 1989 which read ad infra:-

“2. Amendment of Rule 6- After the existing proviso to clause (a) of rule 6 of t