Karnataka HC Slams State's Reluctance To Arrange Local Exam Centre For Pregnant Govt Job Aspirant; Says Crores Are Spent On Elections
Coming to the aid of a pregnant woman, the Karnataka High Court has directed the Karnataka Public Service Commission (KPSC) to conduct the main examination for the woman at Kalaburagi rather than the allotted centres, owing to her advanced stage of pregnancy. The designated centres for the main exam for the Group-A post are Bengaluru and Dharwad. However, due to her pregnancy, the...
Coming to the aid of a pregnant woman, the Karnataka High Court has directed the Karnataka Public Service Commission (KPSC) to conduct the main examination for the woman at Kalaburagi rather than the allotted centres, owing to her advanced stage of pregnancy.
The designated centres for the main exam for the Group-A post are Bengaluru and Dharwad. However, due to her pregnancy, the petitioner prayed to allow her to take the exam at her residency city in Kalaburagi.
Finding justifiable grounds in the woman's petition, Justice Dr Chillakur Sumalatha was not impressed with KPSC's arguments that it could not conduct the exam at Kalaburgi for the convenience of a single candidate.
The judge commented,
“Our country is spending crores of rupees for conducting elections and bye-elections, if required. Due to lack of planning and vision, public money is frequently put to waste. But, here is a case, where the State submits before this Court that it cannot spend money to conduct an examination for a deserving candidate. The makers of the Constitution, considering the fact that women require special treatment, have envisaged under Part III of the Constitution certain privileges exclusively for women."
The Court said that while in normal circumstances, candidates are required to take exams in the allotted centres, in the present case, it noted that the petitioner was not in a position to travel to other centres. It said,
“In normal circumstances, candidates are required to attend the place where the exanimations are scheduled to be held. However, in the case on hand, the petitioner is not in a position to travel either to Dharwad or to Bengaluru all the way from Kalaburagi. Therefore, this Court is of the view that a direction as sought for is required to be issued to the Karnataka Public Service Commission to conduct the examination for the petitioner at Kalaburagi.”
The petitioner submitted that she became pregnant after clearing the preliminary examination. She submitted that as a resident of Kalaburagi, she was taking treatment there and the doctors had advised her not to travel. She further stated that her health would be at risk in case she had to travel for the main exam.
KPSC sought dismissal of the petition submitting that the arrangements including strict security and under CC cameras were made for conducting the exam at Bengaluru and Dharwad. It argued that the petitioner has to attend the allotted centre and it could not take up the hectic exercise of conducting the exam at Kalaburagi.
The High Court noted that the denial of opportunity to the petitioner would amounts to violation of her fundamental rights guaranteed under Articles 14, 15 and 16 of the Constitution of India. It remarked, “Though employment is not a fundamental right, the right to livelihood is guaranteed under the Constitution. On becoming pregnant, except begetting a child, the woman will have no other option. Of-course, termination of pregnancy is permitted under exceptional circumstances.”
It further noted that the petitioner was not requesting to permit her to write examinations at a place where there are no public offices, electricity supply or where CC cameras could not be arranged. It said, “Where there is necessity to arrange CC cameras, they are being arranged immediately to protect law and order and situations alike. Therefore, this Court is of the view that the State cannot deny taking responsibility to conduct examination to the petitioner at the city where she stays in the light of the justifiable grounds she projected.”
With these observations, the Court allowed the petition and directed KPSC to conduct the examination anywhere at Kalaburagi as per their choice and convenience.
Appearance: Senior Advocate Skanda Kumar for Advocate Bhuwaneshwari for Petitioner.
Advocate R J Bhusare for Respondent
Citation No: 2025 LiveLaw (Kar) 134
Case Title: Mahalaxmi AND Karnataka Public Service Commission & ANR
Case No: WRIT PETITION NO.201012 OF 2025