Team Blitz India
NAINITAL: The Uttarakhand High Court has held that a woman, after being duly selected, cannot be denied joining in service merely because she is pregnant.
While giving relief to a 13-week pregnant woman, the Bench of Justice Pankaj Purohit observed, “The motherhood is one of the greatest and noblest blessings to a woman by nature and she cannot be denied public employment for this reason that she is pregnant, even it cannot be delayed by this draconian rule as cited by the State.”
Following her selection, the petitioner was issued an appointment letter for joining in the post of nursing officer (female) and was posted at BD Pandey District Hospital, Nainital. After getting the requisite documentation, including the medical fitness certificate, the petitioner went to the said hospital for joining in her post. However, she was denied joining on the ground that the medical fitness certificate held her “temporarily unfit for joining”.
Aggrieved, the petitioner moved the High Court. Counsel for the state handed over the instruction to the court wherein it was cited that as the medical fitness certificate submitted by the petitioner held her “temporarily unfit for joining”, she was denied the joining.
After perusing the instruction as well as the endorsement made by the doctor in the medical fitness certificate, the court noted that the petitioner is not suffering from any disease or bodily infirmity which would render her unfit for the job, except the fact that she is pregnant for 13 weeks.
The court was of the opinion that the treatment meted out to the lady by the authorities amounts to ‘gender bias’ and she cannot be denied her employment only because of her pregnancy.
“On the one hand, a woman is entitled for maternity leave which has now been held as social and fundamental right by the apex court time and again, to deny joining on the ground of pregnancy, would be highly discriminatory to a woman. It is certainly in violation of Article 14, 16 and 21 of the Constitution of India”, it added.
The single Bench further observed that if a woman who joins service on fresh appointment and becomes pregnant after joining, she would get maternity leave. Therefore, it is surprising as to why a pregnant lady cannot join her duties on fresh appointment merely because she is pregnant.
Accordingly, the court disposed of the writ petition and directed the respondent authorities to allow the petitioner to join immediately within 24 hours of receipt of the certified copy of the order.
