Pregnancy no reason to deny Army job: HC

Vijay Mohan

Tribune News Service

Chandigarh, February 9

The Punjab and Haryana High Court has, in a landmark judgment, ruled that a woman candidate cannot be permanently debarred from joining as a doctor in the Army Medical Corps (AMC) on the pretext that she had conceived during the selection process.

The court order came on the petition of a woman doctor, who had wanted to join the Army as a Short Service Commission Officer, but was later denied the opportunity on the grounds that her pregnancy amounted to deterioration in health. The court ruled that denying appointment to the petitioner merely on account of her pregnancy was arbitrary and illegal.

The petitioner was asked to join service in February 2014 after clearing all examinations and medical tests. Unlike other branches, married women till the age of 45 are eligible to join AMC and there is no training in a military academy. Selected candidates join a hospital closest to residence and are required to complete a basic in-service course of eight weeks within a flexible time period.

However, between the period of her application and joining, the petitioner conceived and disclosed this fact on the date of joining after which she was not allowed to assume duties. Her candidature was cancelled and she was advised to undergo the entire selection process again in case she wanted to join AMC.

Aggrieved, the petitioner moved the High Court in 2014, averring that pregnancy was not 'deterioration in health' but a mere incidence of marriage and womanhood. She pointed out that there would have been no problem had she not disclosed her pregnancy or had conceived the day after joining or had given birth before the joining date and that in paramilitary forces uniformed doctors were simply asked to join after childbirth in case any problem was envisaged due to pregnancy.

The court directed the Army to offer appointment to the petitioner within a period of one month.