Chhatrapati Sambhajinagar: The Central Administrative Tribunal (CAT) directed the railway administration to hold the physical efficiency test of a lady petitioner for recruitment.
It may be noted that the Indian Railways invited applications for various posts (grade D) in 2019. Petitioner Jaishri Binner applied for the jobs. The test was not held on the given date. Meanwhile, Jaishri got married in 2020.
She cleared a computer-based test that was conducted on 28 September 2022 for the required posts. The physical test for the job was to be held at Nagpur on January 16, 2023, while she got the call letter on January 9.
She had a pregnancy of 32 weeks, so, informed the authorities concerned through email and letter. She was present at Nagpur on the day of the physical test with all necessary documents and requested the authorities to conduct her physical test after delivery. However, her request was rejected citing the reason that there is no provision for it. She was declared ineligible for the job.
Jaishri Binner approved High Court through adv Krishna Rodget. The court instructed her to file a petition in CAT. Therefore, she approached the tribunal which directed the railway department to keep one post vacant subject to the final decision in the case.
During the final hearing, adv Rodge cited the provisions in the circular of the recruitment process of the Narcotic Control Board of Centre Police Force.
As per the provisions, a post is kept vacant if the woman applicant has 12 weeks pregnant and her physical test is conducted after six weeks of delivery.
He also gave the references of Delhi High Court and Supreme Court judgments. Adv Rodge termed the denial of a test as a violation of Article 14 of the Constitution.
The CAT directed the Railway to hold the physical test of the petition as per the norms and should be given an appointment if she fulfils the criteria.