The Allahabad High Court, Lucknow Bench, has ruled that a woman candidate cannot be denied an opportunity in a government recruitment process merely because she was unable to appear for a Physical Efficiency Test (PET) due to an advanced stage of pregnancy. Setting aside an earlier order dismissing her plea, the Division Bench directed the Uttar Pradesh authorities to conduct a fresh PET for the candidate within four weeks and keep one vacancy reserved in her category until her result is declared.
Background of the Case
The appeal was filed by Komal Jaiswal, who had applied for recruitment to the posts of Forest Guard and Wildlife Guard pursuant to an advertisement issued on September 12, 2023. She successfully cleared the written examination conducted in November 2025.
During the prolonged recruitment process, the appellant got married in November 2023 and later conceived in May 2025. By the time the PET was scheduled in February 2026, she was in the final stage of pregnancy. Since the test required candidates to walk 14 kilometres within four hours, she requested the recruitment authorities to postpone her PET until after delivery. Her request, however, was rejected on the ground that the recruitment rules contained no provision permitting such postponement.
The Single Judge also dismissed her writ petition after being informed that the recruitment process had almost concluded. Challenging that decision, she approached the Division Bench.
Court's Observations
The Division Bench noted that neither marriage nor pregnancy disqualifies a woman from appointment as a Forest Guard or Wildlife Guard under the applicable service rules. The judges said the real issue was whether a woman could be denied public employment because pregnancy temporarily prevented her from participating in a physical test.
The Bench observed,
“Motherhood is a most natural phenomenon in the life of a woman.”
It held that the authorities should have shown sensitivity, particularly when the recruitment process itself had stretched over more than two years between the advertisement and the written examination.
Rejecting the Commission's argument that the rules did not specifically allow postponement of the PET, the Court said silence in the rules could not be treated as a prohibition. Instead, it held that the Commission had the authority to accommodate an extraordinary situation such as pregnancy.
The Bench further observed,
“The denial... essentially forces a woman to have a choice of either bearing a child or employment, which cannot be permitted,” adding that such an approach interferes with both a woman's reproductive rights and her right to seek public employment.
The Court also rejected the argument that many other women candidates had already cleared the recruitment process. It said that fact alone could not deprive the appellant of an opportunity to complete the selection process. If she qualified in the PET, medical examination, and merit list, her candidature would have to be considered in accordance with law.
Court's Decision
Allowing the special appeal, the High Court set aside the Single Judge's order dated July 6, 2026, and allowed the writ petition.
The Court directed the respondents to conduct the appellant's Physical Efficiency Test within four weeks. If she clears the PET, she will be allowed to participate in the remaining stages of recruitment. Should she secure the required merit, she will be entitled to appointment with effect from the date a lower-ranked candidate in her category was appointed, if appointments are made before her result is declared.
The Bench also ordered the authorities to keep one OBC woman vacancy vacant until the appellant's recruitment process is completed.
Case Details
Case Title: Komal Jaiswal v. State of U.P. through Additional Chief Secretary, Department of Environment, Forest and Climate Change, Lucknow & Others
Case Number: Special Appeal No. 318 of 2026
Judge: Hon'ble Arun Bhansali, Chief Justice and Hon'ble Jaspreet Singh, J.
Decision Date: July 22, 2026
