Case Note & Summary
The petitioners, four qualified nurses registered with the Maharashtra Nursing Council, applied for the post of Staff Nurse pursuant to an advertisement issued by the State of Maharashtra. They were called for a written examination scheduled on 22.09.2019. However, due to pregnancy and childbirth, they could not appear for the examination. They requested the respondents to conduct a special written examination for them, similar to one held earlier for other candidates. The respondents refused, leading to the filing of two writ petitions. The court considered whether the denial violated Articles 14 and 16 of the Constitution. The court noted that the petitioners had a fundamental right to equal opportunity in public employment. Pregnancy and childbirth are natural and unavoidable circumstances, and the State's refusal to provide a special examination was arbitrary. The court directed the respondents to conduct a special written examination for the petitioners within four weeks from the date of the order, and to declare the results within two weeks thereafter. The petitions were allowed.
Headnote
A) Constitutional Law - Right to Equal Opportunity - Articles 14 and 16 of the Constitution of India - Special Examination for Maternity Grounds - Petitioners, qualified nurses, could not appear for the regular written examination for the post of Staff Nurse due to pregnancy and childbirth - State refused to hold a special examination - Court held that the State's action was arbitrary and violative of Articles 14 and 16, as pregnancy and childbirth are natural and unavoidable circumstances, and directed the State to conduct a special written examination for the petitioners within four weeks (Paras 1-10).
Issue of Consideration
Whether the State is obligated to conduct a special written examination for nurses who could not appear in the regular examination due to pregnancy and childbirth, and whether denial thereof violates Articles 14 and 16 of the Constitution.
Final Decision
The court allowed the writ petitions and directed the respondents to conduct a special written examination for the petitioners within four weeks from the date of the order, and to declare the results within two weeks thereafter.
Law Points
- Right to equal opportunity in public employment
- Article 14
- Article 16
- reasonable classification
- pregnancy and maternity as valid grounds for special examination
- non-arbitrariness
- Maharashtra Nursing Recruitment Rules
Case Details
2021 LawText (BOM) (04) 1
Writ Petition No.12027 of 2019 with Writ Petition No.12903 of 2019
Ujjal Bhuyan, M.G. Sewlikar
S.S. Thombre for Petitioners, P.P. Kutti (AGP) for Respondents
Sayyed Hinabanu Sharfoddin, Pradnya Bhausaheb Gandhale, Surekha Bapurao Jadhav (in WP 12027/2019); Chhaya Bapurao Shinde (in WP 12903/2019)
State of Maharashtra, Commissioner of Health Services and Project Director, Director of Health Services, Deputy Director of Health Services (Mumbai), Deputy Director of Health Services (Latur Region)
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Nature of Litigation
Writ petitions seeking direction to conduct special written examination for nurses who missed regular examination due to pregnancy and childbirth.
Remedy Sought
Direction to respondents to conduct a special written examination for the petitioners similar to the one held on 22.09.2019.
Filing Reason
Petitioners could not appear for the regular written examination for the post of Staff Nurse due to pregnancy and childbirth, and respondents refused to hold a special examination.
Issues
Whether the State is obligated to conduct a special written examination for candidates who missed the regular examination due to pregnancy and childbirth.
Whether the denial of special examination violates Articles 14 and 16 of the Constitution.
Submissions/Arguments
Petitioners argued that they are qualified nurses registered with the Maharashtra Nursing Council and applied for the post of Staff Nurse. They could not appear for the written examination on 22.09.2019 due to pregnancy and childbirth. They requested a special examination but were refused. The refusal is arbitrary and violates their right to equal opportunity under Articles 14 and 16.
Respondents argued that the petitioners did not appear for the examination and no special examination can be conducted for them.
Ratio Decidendi
The right to equal opportunity in public employment under Articles 14 and 16 of the Constitution includes the right to be considered for employment without arbitrary discrimination. Pregnancy and childbirth are natural and unavoidable circumstances, and the State's refusal to provide a special examination for candidates who missed the regular examination due to such reasons is arbitrary and violative of Articles 14 and 16.
Judgment Excerpts
Petitioners in these two writ petitions are nurses having qualified in GNM course. They are registered with the Maharashtra Nursing Council.
We have heard Mr. Thombre, learned counsel for the petitioners and Mr. P.P. Kutti, learned AGP for the respondents.
The petitioners could not appear for the written examination scheduled on 22.09.2019 due to pregnancy and childbirth.
The State's action in refusing to hold a special examination for the petitioners is arbitrary and violative of Articles 14 and 16 of the Constitution.
We direct the respondents to conduct a special written examination for the petitioners within four weeks from today and declare the results within two weeks thereafter.
Procedural History
The petitioners filed two writ petitions before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking a direction to conduct a special written examination. The court heard the matter and delivered judgment on 07.04.2021.
Acts & Sections
- Constitution of India: Articles 14, 16
