Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 9353 (ALL)

PRITI DUBEY v. STATE OF U.P. AND 2 OTHERS

WRIA/15277/2026 · 2026-09-21

Manish Kumar Nigam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15277 of 2026 Court No. - 33 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed for the following relief:- "a) Issue a writ, order or direction in the nature of Mandamus directing the respondents to permit the petitioner to appear in Physical Examination Test (PET) for the post of Home Guards (Female) pursuant to the Advertisement dated 18.11.2025, fixing any date in January 2027 and also keep one post vacant in the petitioner's category i.e. E.W.S. Women till her result is declared." 2. Brief facts of the case are that respondent No. 3- Additional Secretary (Recruitment)/ Examination Controller, Uttar Pradesh Police Recruitment and Promotion Board, Lucknow, issued an advertisement, being Advertisement No. PRPB-B (Home Guard Cadre)-02/2025, dated 18.11.2025, for the appointment of U.P. Home Guards by direct recruitment. The petitioner applied in pursuance of the aforesaid advertisement and appeared in the written examination held on 26.04.2026. Petitioner was declared successful in written examination. After the written examination, the petitioner has to appear for document verification and physical standard test on 16.07.2026. During this period, petitioner got pregnant and at present, she is seven months pregnant and the due date is 8th November, 2026. The petitioner sent application to respondent through e-mail and by hand on 06.07.2026 and 09.07.2026, respectively, mentioning therein about her pregnancy along with medical documents, however, respondent No. 3 fixed the date for Physical Efficiency Test on 22.09.2026. Learned counsel for the Versus Counsel for Petitioner(s) : Arvind Kumar Yadav, Narendra Kumar Chaturvedi, Shubhendu Kumar Counsel for Respondent(s) : C.S.C. Priti Dubey .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) petitioner states that it is not possible for the petitioner to undergo Physical Efficiency Test. Petitioner has filed this writ petition with a prayer to allow the petitioner to appear in Physical Efficiency Test after her delivery. 3. Learned counsel for the petitioner submitted that owing to petitioner's pregnancy, it is not possible for the petitioner to undergo Physical Efficiency Test and respondent No. 3 ought to have deferred the Physical Efficiency Test of the petitioner. Learned counsel for the petitioner has relied upon judgment of this Court in case of Preeti Malik Vs. State of U.P. and 4 others, passed in Writ A No. 16580 of 2021, decided on 06.05.2022, wherein the Court has issued direction in similar circumstances to re-conduct Physical Efficiency Test of the petitioner i.e. Preeti Malik, after providing prior information to her. Petitioner also relied upon judgment of Division Bench of this Court passed in Shalini Pandey Vs. U.P. Subordinate Service Selection; 2024:AHC-LKO:33331 in Special Appeal No. 70 of 2024, decided on 29.04.2024. 4. Per contra, learned Standing Counsel has submitted that the recruitment has to be completed within the time schedule and such a relief cannot be granted. 5. Considering the facts and circumstances of the case and the law laid down by this court in case of Preeti Malik (supra) and Shalini Pandey (supra), I am of the view that petitioner must be provided an opportunity to appear in the Physical Efficiency Test after her delivery, which is scheduled in November, 2026. Since the process of selection is going on and has yet not been completed, it would be appropriate that respondent No. 3 shall fix the date in last week of December, 2026 for Physical Efficiency Test of the petitioner after intimating her about the date and permit her to participate in the said test and shall also consider the candidature of the petitioner after completion of Physical Efficiency Test as directed above. 6. Accordingly, the petition is allowed with the direction as mentioned above. September 22, 2026 Nitika Sri. WRIA No. 15277 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad