HC’s 30 second relief wins police job for pregnant woman

Justice Vimala, while noting that concessions given to pregnant women should not be construed as a concession towards personal comfort of the women, said: “The participation by the petitioner in a running test itself is a sign of courage, as persons similarly placed would be afraid of doing the same due to the fear of losing the child through abortion.”

“This aspect, though not a factor to be considered in the running test, it is the overall factor to be considered for selection to the post of the constable,” Justice Vimala said, before noting: “Taking an extra 30 seconds should have been considered negligible under the given context as well as under the International Standards prescribed for evaluation”.

The petitioner R Devika had submitted that she was eight weeks pregnant on the day when the physical efficiency test was conducted for employment as Grade II Police Constable/Jail Warden. She was not able to complete the running within the prescribed time of 17.50 seconds and had taken 18.20 seconds. She was declared unsuccessful in the physical efficiency test for falling short of the mark by 30 seconds. Devika sought for a direction to the TNURB to select her on taking a lenient view, which is equated to mercy.

Justice Vimala, while directing TNURB to recruit Devika within four weeks, said: “If further intensive physical training is required as per rules of the recruitment, it shall be postponed till the maternity leave of the petitioner is over.”

“Before issuing the next notification, the TNURB is directed to take into account the constitutional provisions of India and the maternity protection and convention of the International Labour Organisation, to frame guidelines by providing the best possible measures to support women candidates, who face difficult circumstances on account of pregnancy or maternity or other natural causes,” the judge added.