Gujarat High Court: In a special civil application by a woman who was asked by the Gujarat Public Service Commission (‘respondent’) to travel 300 kilometers for an interview after 3 days of delivery of child, sought extension in the time of interview for the post of Assistant Manager (Finance & Accounts). Nikhil S. Kariel, J., allowed the application and directed the respondent to hold an interview for the petitioner separately within a period of 15 days from the date of order.
Background
The petitioner had applied for selection to the post of Assistant Manager (Finance and Accounts) Class II in the year 2020. After her selection, the results were declared on 08-12-2023 i.e. approximately three years after the petitioner had applied for the post. The interview was fixed for the petitioner and other candidates on 01-01-2024. The petitioner submitted a representation inter alia informing that she is pregnant, and the due date was in the 1st week of January 2024, and that it would be impossible for her, who was residing at Gandhidham to travel to Gandhinagar almost 300 kilometers in the advanced stage of her pregnancy. The petitioner gave birth to a child on 31-12-2023 and the respondent was informed vide an E-mail with a request to postpone the interview or provide an alternative solution for the same. The respondents informed the petitioner that she should remain present for an interview on 02-01-2024 and that no further time could be granted.
The Court vide order dated 09-01-2024 condemned the respondent’s action and said that the petitioner, a meritorious candidate, was not physically capable of attending the interview on the 3rd day of her delivery. The Court issued notice to the respondent and directed the respondent to not declare the interview results insofar as the post of Assistant Manager (Finance and Accounts) Class II, till further orders of the Court.
The petitioner had also sought appropriate writ, order/ direction to the respondents to stay further procedure with respect to the advertisement GPSC/201920/137 for the post of Assistant Manager, (Finance & Accounts) (GMDC).
Order
The Court perused the office order dated 23-05-2016 which inter alia empowered the Chairman, to relax the date of interview in exceptional cases, the Court said that for interview in case of female candidates who had either delivered a child or whose due date was near about the dates of the interview, the Chairman was empowered to relax the dates.
Upon considering the facts of the case, insofar as the petitioner delivered a child on 31-12-2023 it was impossible for the petitioner to have attended the interview on 01-01-2024 and 02-01-2024, the Court directed the respondent to hold an interview for the petitioner separately within a period of 15 days from the date of order and the interim relief shall continue till the interviews are over and the results are declared. The Court also said that after the petitioner’s interview, the respondent shall act according to the merit position of the petitioner.
[Radhika Shankarbhai Pawar v. Gujarat Public Service Commission (GPSC), 2024 SCC OnLine Guj 1126, Order dated: 09-02-2024]
Advocates who appeared in this case :
For the petitioner: Advocate Brijesh K Ramanuj
For the Respondents: Advocate HS Munshaw, Advocate Rishin R Patel
