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Choose Motherhood or Job ? High Court Says No, Orders Job Opportunity for Pregnant Candidate
New Delhi: In a significant judgment reinforcing women’s reproductive and employment rights, the Allahabad High Court has ruled that pregnancy cannot be treated as a disqualification for securing a government job.
The court observed that forcing a woman to choose between motherhood and employment amounts to a violation of her fundamental rights, including her right to livelihood and reproductive autonomy.
The verdict came while hearing the case of Komal Jaiswal, a candidate who had successfully cleared the written examination for the Uttar Pradesh Forest Guard and Wildlife Guard recruitment. She was scheduled to appear for the 14-km Physical Efficiency Test (PET) in February 2026 but requested a postponement because she was nine months pregnant at the time.
However, the Uttar Pradesh Subordinate Services Selection Commission (UPSSSC) rejected her plea, prompting her to approach the High Court.
Hearing the matter, a division bench comprising Chief Justice Arun Bhansali and Justice Jaspreet Singh held that pregnancy cannot be a valid ground to deny a deserving woman the opportunity to join public service. The bench noted that since the recruitment rules did not expressly prohibit postponement of the physical test, the commission should have adopted a humane, fair, and compassionate approach instead of rejecting her request outright.
The court directed the commission to conduct Komal Jaiswal’s physical efficiency test within four weeks, and if she qualifies, to appoint her with all consequential service benefits. It also ordered that one OBC women’s vacancy be kept reserved until the recruitment process is completed.
The ruling is being seen as a landmark decision that strengthens workplace equality and ensures that pregnancy is not treated as a barrier to a woman’s career aspirations or her constitutional rights.
