'Absolute Gender Insensitivity': Gujarat HC Pulls Up GPSC For Rejecting Woman's Plea To Reschedule Interview Date Due To Advanced Stage Pregnancy

Justice Nikhil Kariel, observed, “The grievance raised in the petition reflects the absolute gender insensitivity of the respondents towards one of the most sacred natural processes i.e. of giving birth to a child.”

As per the factual matrix of the case, the petitioner, one Radhika Shankarbhai Pawar had applied for selection to the post of Assistant Manager (Finance and Accounts) Class II which selection was advertised vide Advertisement No. 137/2019-2020, as far as back in the year 2020.

After the selection process, Pawar was shown as one of the successful candidates in the results declared on 08.12.2023 i.e. approximately three years after the petitioner had applied i.e after the advertisement.

The interview as per the respondent- Public Service Commission was fixed for the petitioner and other candidates on 01.01.2024 and on 02.01.2024 whereas on the date the said program was published i.e. on 18.12.2023, the petitioner had submitted a representation inter alia informing that the petitioner was pregnant and the due date was in the 1st week of January 2024 and that it would be impossible for her, residing at Gandhidham, to travel to Gandhinagar, which was almost 300 kilometers during the advanced stage of pregnancy.

The petitioner had given birth to a child on 31.12.2023 and that fact had been informed to the respondent- Public Service Commission vide an email on the very date and it was requested by the petitioner to postpone the interview or provide an alternative solution for the same.

However, the respondents vide an email informed the petitioner that she should remain present for the interview on 02.01.2024, and if the petitioner would not be in a position to appear in the interview even on that date, no further time could be granted to her.

The court in its verdict opined, “In the considered opinion of this Court, such a reply by the respondents reflects absolute gender insensitivity by the respondents more particularly when it was apparent that the petitioner who was a meritorious candidate, would not be physically capable of attending the interview on the 3rd day after delivering the child, yet, without considering the request of the petitioner for either postponement or for providing some alternative method had not been considered.”

“In the thoughtful opinion of this Court, the Public Service Commission, whose primary duty is to conduct selection process, could not have remained oblivious to such a kind of situation and such a reasonable request had been made it was incumbent upon the Public Service Commission to either postpone the interview process or to provide an alternative solution like an online interview etc. if the same is permissible as per the rules,” the Court added.

The Court emphasized that the selection process was not proceeding swiftly, especially given that the advertisement was released in 2020, yet the GPSC declared the examination results only in December 2023.

In light of these initial observations, the Court deemed it necessary to intervene, leading to the issuance of a Notice to the respondents.

Meanwhile, the Court has instructed the Public Service Commission not to announce the interview results for the position of Assistant Manager (Finance and Accounts) Class II, as advertised in No. 137/2019-2020, until further orders are provided by the Court on the matter.

Case No.: R/Special Civil Application No. 425 Of 2024

Case Title: Radhika Shankarbhai Pawar Versus Gujarat Public Service Commission (Gpsc) Through Secretary

Appearance:Mr Brijesh K Ramanuj(9898) For The Petitioner(S) No. 1 For The Respondent(S) No. 1,2

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