Justice Dr. Anshuman refuses relief to Anmola Kumari who qualified written test and minimum 9 feet long jump despite pregnancy, for post of Prison Warder

In Anmola Kumari vs.  The State of Bihar through Principal Secretary, Home Department, Government of Bihar & Ors.(2025), Justice Dr. Anshuman of Patna High Court heard the petition filed in the nature of writ of certiorari for directing the respondent authorities to appoint the petitioner as Jail Warden on the basis of the marks obtained by her in Physical Evaluation Test (PET) in Long Jump as the qualifying marks for appointment as she was selected at the written conducted by the Central Selection Board (Constable appointment). The prayer was made to hold that lady carrying pregnancy are fully qualified for appointment to the above post even if they in long jump test jumped exactly 9 feet because of their temporary physical disqualification. Further, prayer was made to hold fresh physical evaluation test of Anmola Kumari, the petitioner for long jump test after delivery of child. 

Notably, 9 feet Long Jump was the minimum eligibility in the physical test which Anmola Kumari qualified.  

The other respondents were: Chairman Central Selection Board Constable Appointment, Bihar and Secretary Central Selection Board, Constable Appointment, Bihar. The counsel for Central Selection Board of Constable, Bihar, Patna had submitted that petitioner was not successful due to the reason that she could not get position in the selected list of candidates. There was no such provision in the recruitment/advertisement under which such benefit has to be granted to a pregnant lady. He also submitted that at the time of filing up the form of physical evaluation test, a declaration was demanded in which, petitioner has intimated to the Appointing Authority that she was not pregnant.  

The Court observed:  it transpires to this Court that there is no provision in the recruitment/advertisement process to grant such type of benefit and particularly prior to enter into recruitment process, a declaration was demanded in this regard but petitioner has submitted a false declaration." 

The Court seems to have misunderstood the submission by the counsel of the respondent regarding the factual position about declaration of her pregnancy. Anmola Kumari had submitted he application form during August 6, 2015-September 24, 2015 in response to a advertisement no. 03/2015. The written test was held on September 18, 2016. The Admit Card for the test was issued on September 1, 2016. The result of the written test was published on November 29, 2016. The Physical Evaluation Test e-Admit Cards for Jail Warder (Kakshpal) exam was issued on December 15, 2016.  It is crystal clear that the petitioner filled the form of physical evaluation test during November 29, 2016-December 15, 2016 with a declaration to the Appointing Authority that she was not pregnant. The Physical Evaluation Test was conducted during January 9, 2017-Janaury 19, 2017.

It is apparent that Anmola Kumari, the petitioner, a resident of Shankarbigha, Sakurabad, Jehanabad had rightly submitted at the time of filing up the form of physical evaluation test that she is not pregnant. Her declaration to the Appointing Authority is factually and biologically correct. It is apparent that the order of the High Court has erred in inferring that the "petitioner has submitted a false declaration" regarding her pregnancy. As a consequence of this incorrect inference, the Justice Anshuman's order dated March 20, 2025 concluded: "Now before the Court, she came with this pleading that she was pregnant therefore exemption be given to her. Demand of such relief by the petitioner is not permissible hence cannot be granted. Hence, this writ petition is hereby dismissed." Justice Anshuman is a Ph.D from Patna University, who started his practice in 1995. His father Jagdish Pandey and mother Indubala Pandey were advocates of the High Court. 

The order records that Yogesh Chandra Verma, the octogenarian senior counsel for petitioner had submitted that the petitioner wants to appear in the long jump test again six months after the end of her pregnancy period or alternatively she be declared successful. The senior counsel has been practicing in the High Court since 1968.