Delhi High Court Asks SSB To Consider Gender Neutral Nomenclature Of Posts Earlier Earmarked For Males But Now Open To Female Candidates

The Delhi High Court has called for amendment of the nomenclature of Seema Sashastra Bal (SSB) posts which were earlier earmarked only for male candidates but are now open to women as well.

A division bench comprising Justice Rekha Palli and Justice Shalinder Kaur was dealing with a young mother's plea who applied for the post of Constable (Washer Man)-Female under OBC quota in SSB.

Since she was in a stage of advanced pregnancy, her medical examination was deferred. She appeared after her delivery but was declared unfit on the ground of being overweight.

She sought a fresh medical examination in an any independent medical institution and her consequential appointment to the post with all consequential benefits.

As the woman's counsel told court that the authorities are continuing to use the terms Constable (Washer Man) instead of using a gender neutral nomenclature, the court said:

“Even though, we find that the petitioner is justified in raising this grievance, we are refraining from commenting on this aspect but we hope that the respondents will, themselves, look into this aspect and, suitably amend the nomenclature of such posts which are open to female candidates as well.”

A query was put forth by the be ch regarding the time granted to female candidates who are pregnant at the time of medical examination to achieve the requisite medical fitness.

The counsel for the authorities submitted that in all cases of pregnancy, six weeks' time is granted to the candidates to attain medical fitness.

As per the guidelines, if urine test for pregnancy is positive, the candidate will be declared temporary unfit and will be re-examined 6 weeks after the pregnancy is over, either naturally or artificially, subject to the production of a medical certificate of fitness from a registered medical practitioner.

The bench observed that the period of six weeks is extremely short as it may not always be possible for a female candidate, who has undergone a pregnancy, to regain her complete medical fitness and lose the weight within the said period.

It therefore directed the respondent authorities to examine the provision of the Guidelines in consultation with the concerned medical specialists to consider providing a reasonable time within which a female candidate is required to regain her medical fitness after her pregnancy.

“The matter, be therefore, placed before the Additional Director General (Medical), Central Armed Police Forces, for this purpose,” the court said.

Allowing the plea, the bench directed that the woman be examined by an independent Medical Board.

“It is, however, made clear that the petitioner will be entitled to receive actual wages only from the date when she is appointed,” the court said.

Title: SONU RAJPUT v. UNION OF INDIA AND ANR

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