The Gujarat High Court, in a recent judgment on January15, has strongly criticized the Gujarat Public Service Commission (GPSC) for its lack of empathy and gender sensitivity. The case involved Radhika Pawar, a candidate who had been shortlisted for the post of Assistant Manager (Finance and Accounts) Class II, and her struggle to attend an interview shortly after childbirth.
Justice Nikhil Kariel, addressing the court, stated,
“The grievance raised in the petition reflects the absolute gender insensitivity of the respondents towards one of the most sacred natural processes i.e., of giving birth to a child.”
This observation came after the GPSC insisted that Pawar, who had just given birth, travel 300 kilometers for an interview.
Pawar, who cleared the written exam for the position advertised by the GPSC in 2020, was informed about the interview dates of January 1 or 2, 2024. She communicated her pregnancy to the GPSC, stating her due date was in the first week of January 2024, making it impossible for her to travel to Gandhinagar for the interview. Despite delivering a child on December 31, 2023, and requesting an alternative arrangement, the GPSC rigidly asked her to appear on January 2, refusing to grant any further time.
Justice Kariel further noted,
“In the considered opinion of this court, such a reply by the respondents reflects absolute gender insensitivity, more particularly when it was apparent that the petitioner, who was a meritorious candidate, would not be physically capable of attending the interview on the third day after delivering the child.”
The court emphasized that the GPSC should have considered postponing the interview or providing an alternative solution, like an online interview, if permissible by the rules.
The court also observed that the selection process was not proceeding at “a lightning pace,” as the results for the written exam were declared in December 2023 for an advertisement issued in 2020. On January 9, the court sought a response from the GPSC and directed the authorities to keep the aforementioned post vacant until further orders.
This case highlights the need for institutions to demonstrate sensitivity and flexibility, especially in situations involving significant life events like childbirth. The Gujarat High Court’s stance serves as a crucial reminder of the importance of gender sensitivity in administrative processes.
