Should Timelines Fixed For Selection Process By PSC Be Relaxed For Women Due To Pregnancy/Maternity? Supreme Court To Consider

The Supreme Court on May 13 agreed to consider the issue of whether timelines fixed in the Notification for selections to public appointments issued by the  Public Service Commission (KPSC) can be altered and postponed on account of the maternity period endured by women aspirants. 

The Kerala Public Service Commission has challenged the impugned order of the Kerala High Court to permit an extension of time for women affected by maternity to file essential qualification certificates before the publication of the rank list by the KPSC. The bench of Justices Hima Kohli and Ahsanuddin Amanullah while issuing notice, ordered the following : 

" issue notice, returnable on 12th July, 2024. In the meantime, the petitioner-Kerala Public Service Commission is directed to proceed with the process of selection, but shall not declare the result" 

As per the concerned notification of KPSC, the candidates should possess an additional qualification of having completed 1-year senior residency for applying to the post of Assistant Professor (Radiology). Both the respondents- lady candidates did not have this qualification since their house residency completion was delayed due to pregnancy.     

The High Court Division Bench comprising Justice A. Muhamed Mustaque and Shoba Annamma Eapen was of the view that, despite standing on equal footing along with men with respect to consideration in the affairs or chances in public employment, biological differences of women, such as motherhood, may often result in indirect discrimination. The High Court initially permitted the lady candidates to apply for the post before the deadline provisionally through an interim order, pursuant to which they so applied. The impugned order thereafter made the interim relief absolute in nature.

The High Court was dealing with the pleas by two young lady doctors who embraced motherhood while undergoing postgraduation in MD Radiodiagnosis, due to which their compulsory senior residency programme commenced belatedly, and would be completed only by mid-January 2024.

During this time, the Kerala State Public Service Commission (PSC) invited applications for the post of Assistant Professor in Radiodiagnosis for 9 vacancies, fixing one year of experience as a Senior Resident in Radiodiagnosis in an NMC-recognised Medical College after acquiring a post-graduate degree as one of the criteria. Since the petitioners would complete their program only by January 2024, they were not able to apply for the post notified as they did not have the prescribed qualifications as of the last date of receipt of the application.

On receiving no favourable response from either the Government or the Kerala Administrative Tribunal, the pleas were filed before the High Court. 

What Are The Contentions Raised By Kerala PSC before the SC? 

The main contention of KPSC was that the High Court had mistakenly taken the view that the problems faced by the Respondents could have been fixed easily by including them. The said view stultifies the selection process and timelines that KPSC is required to abide by. The petitioner argues that the High Court failed to consider the difficulties that might come up in the selection process.

Allowing more time to get qualifications after the application deadline can negatively impact the whole selection process. The Petitioner is bound to follow the rules about timing to ensure the different departments work well. If the rules are relaxed as per the High Court decision, other job seekers will also try to use this excuse, making it harder for the Petitioner to run a fair selection process.

"...giving relaxation to acquire qualification after the last date of receipt of application will have an adverse effect on the selection procedure itself. The Petitioner is duty-bound to conduct selections within a stipulated time so as to facilitate the functioning of various departments in an effective way. If relaxation is given vide the Impugned decision of the High Court it will bring in a situation where aspirants to various posts will also claim the benefit by bringing in various reasons and it will hamper the selection process conducted by the Petitioner."  

Secondly, the petitioner contends that qualifications as prescribed by the Government Notifications are a fundamental requirement of the selection process and an exclusive domain of the employer. Thus if the requirement rules provide no room for relaxation of qualifications, the petitioner cannot act to the contrary. 

" The Petitioner, in exercising its power of selection, cannot ignore or act contrary to the rules made by the Government prescribing mandatory qualifications for a post. If the recruitment rules and selection notification do not provide for any relaxation of the essential qualifications, the Petitioner cannot relax any qualification in favour of any candidates who responded to the notification."  

Case Details: KERALA PSC VERSUS ATHIRA P. AND OTHERS SLP (C) DIARY NO. 16047 OF 2024 

Counsel for the Petitioners : Mr. Vipin Nair, AOR, Mr. Arindam Ghosh; Mr. Karthik Jayashankar; Mr. Mohd Aman Alam; Ms. M.B.Ramya,