Mukkala Baji vs The State Of Andhra Pradesh
2023 Latest Caselaw 1673 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No. 6517 of 2023

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India seeking the following relief:

"to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the 2nd respondent in not considering the representation dated 09.02.2023 submitted by the petitioner seeking exemption from attending the physical test schedule to be held on 25.03.2023 as the petitioner is 4th month pregnancy is highly illegal, discrimination, contrary to law and violation of Art.14, 15, 19 and 21 Constitution of India and consequently direct the 2nd respondent to consider the representation dated 09.02.2023 and to extend the time for appearing physical measurement test/physical efficiency test for 7 months till October 2023 to enable the petitioner to deliver her child and then appear in the physical Evaluation test and permit the petitioner to attend the main exam and pass."

2. Heard learned counsel for the petitioner and learned

Government Pleader for Services-I.

3. The main grievance of the petitioner is that the petitioner

applied for the post of Constable and appeared for preliminary

written test. Subsequently, the petitioner has qualified for

further proceedings i.e., physical measurement test. In view of

the same, the 2nd respondent sent a call letter for physical

measurement test to be held on 25.03.2023. While so, on

05.03.2023 the petitioner undergone medical examination and

doctors confirmed that she is pregnant and advised her not to

participate Physical Measurement test. Therefore, the petitioner

submitted a representation through e-mail to the 2nd

respondent expressing her inability. But so far, the 2nd

respondent neither considered nor replied to the same.

4. Learned counsel for petitioner straight away takes this

Court through the order, dated 03.01.2023 passed by the High

Court for the State of Telangana in W.P.No.77 of 2023 as the

facts and circumstances of the present are similar to that of

this case.

5. Relevant paragraph of the order passed in W.P.No.77 of

2023 dated 03.01.2023 is extracted hereunder:

" This Court having considered the submissions made by both the counsel and in order to put quietus to this kind of matters, is inclined to direct the respondents to consider the representations made by all the pregnant candidates/recently delivered mothers and allow such candidates to appear for the final written test subject to their giving an undertaking that they would participate in the physical efficiency test within one month from the date of publication of the result, if they so qualify in

the final written test; and upon bona fide verification of the medical certificates and accordingly conduct the process of recruitment in terms of recruitment notification."

6. On the other hand, learned Government Pleader placed

on record the written instructions dated 23.03.2023, wherein

it is categorically stated that there is no provision for

exemption to the candidates from PMT/PET on their personal

grounds and it is not possible to permit an aspirant to attend

the Final Written Examination without qualifying the events

(PMT/PET), as it is against the existing rules, guidelines and

notification. However, on 10.03.2023 a press note was

issued and informed that the PMT/PET which starts from

13.03.2023 has been postponed and fresh dates will be

intimated later. It is further stated that as per the SCT Rules,

the candidate who participated in the recruitment process

must and should qualify in the events before attending the

final written examination.

7. Having regard to the submissions made by the learned

counsel for the petitioner and learned counsel for the

respondents and in view of the judgment referred supra, this

Court is inclined to direct the respondents to consider the

representation made by the petitioner and allow the

petitioner to appear for the final written test subject to the

undertaking that she would participate in the physical

efficiency test after seven months from today, if she so qualify

in the final written test; and upon bona fide verification of

the medical certificates and accordingly conduct the process

of selection in terms of recruitment notification.

8. Accordingly, the present writ petition is disposed of

directing the respondents to allow the petitioner for written

examination and it is needless to observe that the

respondents are at liberty to consider the case of the

petitioner for selection after qualifying as per merit list of

written test and after qualifying the physical measurement

test as required under the Police Recruitment Board Rules.

There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the

writ petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

24.03.2023 NOTE: C.C by 28.03.2023 (b/o) BSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.6517 of 2023

24.03.2023 NOTE: C.C by 28.03.2023 (b/o) BSP