Karnataka High Court directs KPSC to set up exam centre for pregnant woman at Kalaburagi  

The High Court of Karnataka directs KPSC to conduct exams in Kalaburagi for pregnant woman
| Photo Credit: V. Sreenivasa Murthy

The High Court of Karnataka has directed the Karnataka Public Service Commission (KPSC) to conduct main exams at Kalaburagi for the selection of candidates to Gazetted Probationers Group A and B posts to enable a pregnant woman to write exams as she is medically not fit to travel either to Bengaluru or Dharwad, which are the only two cities where examination centres are being set up.

The KPSC has also been directed to inform the candidate by April 9 about the centre at Kalaburagi she should attend the examinations at. The exams are scheduled to be held between April 15 and 19.

Money on elections

“Our country is spending crores of rupees on conducting elections and byeelections, if required. Due to lack of planning and vision, public money is frequently put to waste,” the court pointed out, after the KPSC contended that it cannot spend money to make elaborate arrangements to conduct an exam for a single deserving candidate at Kalaburagi.

Justice Chillakur Sumalatha issued the directions while allowing a petition filed by 31-year-old Mahalaxmi, a resident of Kalaburagi, who is an advanced stage of pregnancy. The petitioner had sought a direction to the KPSC to permit her to write the exam in Kalaburagi as the doctor has advised her not to travel as travelling at this condition would pose a risk to her health.

The KPSC had told the court that petitioner had to attend the exams at designated centre in Bengaluru or Dharwad as per the norms and no separate arrangement could be made for her at Kalaburagi.

The court said that the makers of the Constitution, considering the fact that women require special treatment, have envisaged certain privileges exclusively for women.

Provision of Constitution

Noting various provisions of the Constitution that not only gives equal opportunity to women but also empowers the State to make special provisions for women and children, the court said that denial of an opportunity to the petitioner certainly amounted to violation of her fundamental rights guaranteed under Articles 14 (equality before law), 15(3) (allowing special provisions for women and children) and 16 (equal opportunity in public employment).

The High Court also noted that the petitioner is not seeking a direction to conduct exams at a place where there are no public offices, no electricity supply or where closed circuit cameras cannot be arranged. Therefore, it said, the KPSC cannot deny taking the responsibility of conducting exams to the petitioner at the city where she stays in the light of the justifiable grounds that she has projected.