Woman Can't Be Denied Joining In Service Merely Because Of Her Pregnancy: Uttarakhand High Court

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 lady, the Single 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.”

Brief Background

Pursuant to the selection, the petitioner was issued an appointment letter on 23.01.2024 for joining in the post of Nursing Officer (female) and was posted at B.D. 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 by the impugned order on the ground that the medical fitness certificate held her “temporarily unfit for joining”.

Being aggrieved by such order of the authority, the petitioner knocked the door of the High Court.

Court's Observations

The Court called for instructions from the respondent authorities as to why the petitioner was denied joining after being duly selected for the post. The 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.

From the said instruction, it was revealed that such endorsement in the medical certificate was made in view of Gazette of India: Extraordinary, Part I, section 1, page – 120, clause 09 which prescribes that if any woman is found pregnant for 12 weeks or more, she should be declared “temporarily unfit” until she delivers.

It is further prescribed that six weeks after the delivery, the concerned lady should obtain a 'fitness certificate' from a registered medical practitioner after which she shall undergo medical test afresh for getting the 'medical fitness certificate' for the purpose of joining in the post.

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 respondent 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.

“After joining, she would also be entitled for maternity leave. This action of the State is highly parochial against the women who make half of the population as said and, therefore, it cannot be countenanced. We have to look at it with a new angle”, Justice Purohit held.

Accordingly, the Court disposed of the writ petition by quashing the impugned order and directing the respondent authorities to allow the petitioner to join immediately within 24 hours of receipt of the certified copy of the order.

Counsel for the Petitioner: Mr. Paritosh Dalakoti, Advocate

Counsel for the Respondents: Mr. Rajiv Singh Bisht, Additional CSC for the State

Case Title: Misha Upadhyay v. State of Uttarakhand & Ors.

Citation: 2024 LiveLaw (Utt) 1

Case Number: Writ Petition (S/S) No. 241 of 2024

Date of Order: February 23, 2024

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