Karnataka High Court Schools State Over Pregnant Aspirant’s Plea

Court Orders Local Exam Centre for Pregnant Woman Amid State Resistance
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In 2021, the Delhi High Court directed AIIMS to provide a separate exam center for a pregnant NEET-PG aspirant in her hometown due to medical complications.Representative Image: Pexels
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“You Spend Crores on Elections but Deny One Exam Centre?”

Recently, in a powerful move that highlighted compassion and constitutional values, the Karnataka High Court has helped a pregnant government job aspirant, directing the Karnataka Public Service Commission (KPSC) to allow her to appear for the Group-A main examination in her hometown, Kalaburagi.

Woman Seeks Exam Centre Near Home Due to Advanced Pregnancy

The applicant had cleared the preliminary examination and was preparing for the mains. However, the only centers available were Bengaluru and Dharwad, both several hours away from Kalaburagi. Citing health concerns and her doctors’ advice against long journeys during pregnancy, she approached the court, requesting a local examination center.

The KPSC opposed the plea, arguing that the examination centers come with strict protocols — CCTV surveillance, secure arrangements, and logistics that were already in place in the designated cities. They claimed that granting an exemption to a candidate would set a difficult precedent.

But Justice Dr. Chillakur Sumalatha was not convinced.

Our country is spending crores of rupees for conducting elections and bye-elections, if required. Due to lack of planning and vision, public money is frequently put to waste. But, here is a case, where the State submits before this Court that it cannot spend money to conduct an examination for a deserving candidate. The makers of the Constitution, considering the fact that women require special treatment, have envisaged under Part III of the Constitution certain privileges exclusively for women.

Dr. Chillakur Sumalatha, Judge

“The Constitution provides special protection to women”

The court noted that the Constitution itself recognises that women may require special accommodation, especially in situations like pregnancy.

“In normal circumstances, candidates are required to attend the place where the exanimations are scheduled to be held. However, in the case on hand, the petitioner is not in a position to travel either to Dharwad or to Bengaluru all the way from Kalaburagi. Therefore, this Court is of the view that a direction as sought for is required to be issued to the Karnataka Public Service Commission to conduct the examination for the petitioner at Kalaburagi.” the Court said

It added that while employment is not a fundamental right, the right to livelihood is, and the physical condition of the petitioner left her no option but to seek this relief.

Rear view of a female executive giving a speech
The UN Women’s 2023 Report states that only 61% of countries have policies that mandate accommodations for pregnant women in education or public sector exams.Representative Image: Pexels

“Not an unreasonable request”

The judge also dismissed the KPSC’s concerns about feasibility, noting that Kalaburagi has all the necessary infrastructure, including public offices and electricity

Where there is necessity to arrange CCTV cameras, they are being arranged immediately to protect law and order and situations alike. Therefore, this Court is of the view that the State cannot deny taking responsibility to conduct examination to the petitioner at the city where she stays in the light of the justifiable grounds she projected.

The Court

Final verdict: Conduct the examination in Kalaburagi

The High Court, while allowing the petition, directed the KPSC to conduct the examination anywhere within Kalaburagi as per its convenience. This move ensures that the petitioner does not have to risk his health or give up his dreams due to bureaucratic rigor.

Legal representation

For the petitioner: Senior advocate Sikanda Kumar, Advocate Bhuveshwari.

For the respondents: Advocate R.J. Bhosare

Case title: Mahalakshmi vs. Karnataka Public Service Commission and ANR

(Input from various sources)

(Rehash/Muhammad Faisal Arshad/MSM)

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