Rule Relating To Public Employment Must Accommodate The Concerns Of Pregnant Women And Young Mothers: Kerala High Court

The choice to be a mother and proceed with having jobs or admissions in academic institutions can be hard. Recently the Hon’ble Kerala High Court in OP (KAT) No. 507 of 2023 and OP (KAT) No. 521 of 2023 was dealing with petitions by two women. As per job notification, they were not eligible for a job vacancy, because they could not fulfil the criteria fixed by Kerala State Public Service Commission (PSC) as they gave birth while undergoing masters and their compulsory senior residency program commenced belatedly. The Hon’ble Court had permitted them to apply for the post before the deadline provisionally through an interim order. The Hon’ble High Court addressed the disadvantages women may face due to their biological differences from men in getting opportunities in public employment. The Hon’ble High Court also said that the rule relating to public employment must accommodate the concerns of pregnant women and young mothers so that they do not face discrimination. The Hon’ble High Court made its interim order absolute and set aside the orders of the tribunal, it also clarified that the petitioners would have to produce necessary certificates within such time as PSC insists upon them.