Six Week Period Is Extremely Short: Delhi HC Directs Review Of CAPF Recruitment Guidelines For Post-Pregnancy Medical Fitness
The Delhi High Court directed the Government to examine the CAPF Recruitment Guidelines to consider providing a reasonable time within which a female candidate is required to regain her medical fitness after her pregnancy.
The Court directed a fresh medical examination female candidate for the position of Constable (Washer Man) in the Sashastra Seema Bal (SSB) who was declared medically unfit for being ‘overweight’ on account of the weight gained by her during pregnancy.
A Division Bench of Justice Rekha Palli and Justice Shalinder Kaur observed, “We, therefore, direct the respondents to examine this provision of the Guidelines in consultation with the concerned medical specialists to consider providing a reasonable time within which a female candidate is required to regain her medical fitness after her pregnancy. The matter, be therefore, placed before the Additional Director General (Medical), Central Armed Police Forces, for this purpose."
Advocate Rajesh Chauhan appeared for the petitioner, while Advocate Badar Mahmood represented the respondents.
The petitioner from the Other Backward Class (OBC) category had successfully passed the Physical Endurance Test (PET), Physical Standard Test (PST), and a written examination for the post of a Constable. However, her medical examination was deferred due to her advanced pregnancy, with the final review taking place after the birth of her child.
The Medical Board declared the petitioner medically unfit for the appointment in the Central Armed Police Forces (CAPFs) due to her higher Body Mass Index (BMI) and was subsequently disqualified based on her weight.
The High Court noted the petitioner’s submission which pointed out that despite the respondents inviting applications from female candidates for various posts which were earlier earmarked only for male candidates, were continuing to use the terms ‘Constable (Washer Man)’ instead of using a gender-neutral nomenclature.
The Bench delved into the query regarding the time granted to female candidates who were pregnant at the time of medical examination to achieve the requisite medical fitness. The Bench took note of the respondent’s submission that in all cases of pregnancy, six weeks was granted to the candidates to attain medical fitness.
The Court stated, “This period of six weeks envisaged under the Guidelines to enable a female candidate to regain her medical fitness after going through a pregnancy, in our considered opinion, is extremely short as it may not always be possible for a female candidate, who has undergone a pregnancy, to regain her complete medical fitness and lose the weight within six weeks which she may have gained during nine months of her pregnancy as, even under the Maternity Benefit Act, 1961, a much longer period of absence from duty has been envisaged.”
Therefore, the Court observed, "We are of the considered view that taking into account the admitted position that the petitioner had delivered a baby barely four months before she was medically examined, she deserves to be granted another opportunity to be examined by a fresh Medical Board as she is reported to having achieved a BMI of less than 25 as per the certificate issued by JA Hospital, a government hospital in Gwalior.”
Accordingly, the High Court allowed the petition.
Cause Title: Sonu Rajput v. Union Of India & Anr. (Neutral Citation: 2024:DHC:7002-DB)
Appearance:
Petitioner: Advocates Rajesh Chauhan
Respondents: Advocate Badar Mahmood and Ammar Ahmad