The Single Bench of Justice Pankaj Purohit observed that a woman who has been duly selected cannot be denied joining in service merely because she is pregnant, as the Uttarakhand High Court has held. The court gave relief to a 13-week pregnant lady.

“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.”

Following the selection process, the petitioner received an appointment letter on January 23, 2024, appointing her to the post of Nursing Officer (female) and assigning her to B.D. Pandey District Hospital, Nainital.

After obtaining all the necessary documentation, including the medical fitness certificate, the petitioner proceeded to the mentioned hospital to commence her duties in the designated post. However, she was refused entry by the impugned order, citing the medical fitness certificate, which deemed her "temporarily unfit for joining."

Displeased by the authority's decision, the petitioner sought recourse by approaching the High Court.

The Court requested instructions from the respondent authorities regarding the reason for denying the petitioner's joining despite her being duly selected for the post. The State's counsel provided the instructions to the court, stating that the petitioner was denied joining because the medical fitness certificate she submitted deemed her "temporarily unfit for joining."

The instruction disclosed that the endorsement on the medical certificate was made in accordance with Gazette of India: Extraordinary, Part I, section 1, page – 120, clause 09. This clause stipulates that if a woman is found to be pregnant for 12 weeks or more, she should be declared "temporarily unfit" until she delivers.

Additionally, it is prescribed that six weeks after the delivery, the concerned woman should obtain a "fitness certificate" from a registered medical practitioner. Subsequently, she shall undergo a fresh medical test to acquire the "medical fitness certificate" required for joining the post.

After examining the instruction and the doctor's endorsement on the medical fitness certificate, the Court observed that the petitioner does not suffer from any disease or bodily infirmity that would render her unfit for the job, apart from being 13 weeks pregnant.

The Court held the view that the treatment given to the woman by the respondent authorities constitutes 'gender bias,' and she cannot be denied employment solely because of her pregnancy.

The Single Bench further noted that if a woman were to join a new job and subsequently become pregnant, she would be entitled to maternity leave. Therefore, the court found it perplexing as to why a pregnant woman should be barred from joining her duties on a fresh appointment solely because of her pregnancy.

In accordance with its findings, the Court resolved the writ petition by nullifying the contested order and instructing the respondent authorities to permit the petitioner to commence her duties promptly, within 24 hours of receiving a 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