BENGALURU: The Karnataka High Court took exception to the Karnataka Public Service Commission's (KPSC) stance that it cannot conduct an examination just for a single candidate at an advanced stage of pregnancy.
It cited it that she has been medically advised that her life would be at risk if she travels from Kalaburagi to designated centres in Bengaluru or Dharwad.
Dr Justice Chillakur Sumalatha directed the KPSC to conduct the examination anywhere in Kalaburagi as per its choice and convenience and intimate the petitioner about the exam centre by April 9.
Thirty-one-year-old Mahalaxmi of Kalaburagi had moved the High Court seeking directions to the KPSC to allow her to appear for the main examination for Group-A posts, which are scheduled to be held from April 15 to 19, in Kalaburagi due to her medical condition.
"Our country spends crores of rupees on conducting elections and by-elections. Due to a lack of planning and vision, public money is frequently put to waste. However, now the case is where the State submits before this court that it cannot spend money to examine a deserving candidate. The makers of the constitution, considering the fact that women require special treatment, have envisaged under Part III certain privileges exclusively for women," the Court observed.
The Court also said as per Article 14 of the Constitution, the State is prevented from denying equality before law or equal protection of laws within the territory of India.
Article 15(3) of the Constitution empowers the State to make special provisions for women and children. Article 16 of the Constitution states that there shall be equal opportunity for all citizens in matters relating to employment or appointment to any office under the state.
Article 39, in Part IV of the constitution, envisages that the state shall direct its policy towards securing its citizens, men and women equally, the right to an adequate means of livelihood.
"These salutary provisions cannot be overlooked. Denial of opportunity to the petitioner certainly amounts to a violation of her fundamental rights guaranteed under Articles 14, 15 and 16 of the Constitution," the Court said.
The Court expressed that the petitioner is not requesting to permit her to write an examination at a place where there are no public offices, no electricity supply or where CCTV cameras cannot be arranged.
Hence, the court is of the view that the State cannot deny taking responsibility for conducting the examination to the petitioner at the city where she stays, the court added.