Delhi HC allows young mother to take ophthalmology examination, rules out cancellation of her candidature due to maternity leave

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Read Order: Dr. Anushree M vs. National Board of Examination & Ors.

LE Staff

New Delhi, August 2, 2021: The Delhi High Court has allowed a young mother, whose candidature in a diploma course was cancelled by the National Board of Examination (NBE) due to shortage of attendance following maternity leave, to appear in the upcoming final exams for the course.

A Bench of Justice Rekha Palli permitted the petitioner to forthwith join training at the respondent Institute to compensate for the maternity leave availed by her and also permitted her to appear in the said examinations. 

The dispute in the present case arose on account of cancellation of candidature of the petitioner for the Diploma of National Board course in Ophthalmology by the National Board of Examination, on account of maternity leave taken by her during her pregnancy during the currency of DNB course. 

The counsel for the petitioner argued that the petitioner was entitled to maternity leave under law and hence such period of leave availed by her could not be treated as any unauthorized absence or leave on her part.

On being queried as to whether the petitioner would be willing to undergo an additional training period in lieu of the shortfall in training as a result of the maternity leave availed by her, the counsel answered in the affirmative. 

The counsel, however, submitted that the decision of the respondent Board to compel the petitioner to undergo additional training period of 42 days, in terms of its notice dated April 4, 2020, would be wholly unwarranted. 

After considering the arguments, the High Court found that both parties are ad idem as to the requirement of the petitioner undergoing an additional training for 163 days in lieu of the period for which she was on maternity leave. 

“The parties are, however, at variance as to whether the petitioner is required to undergo an additional 42 days’ training in accordance with the notice issued by the Board,” found the Bench. 

Therefore, keeping in view the fact that the final examinations for the DNB course are commencing on August 24, 2021, the High Court permitted the petitioner to forthwith join training at the Respondent Institute to compensate for the maternity leave availed by her and also permitted her to appear in the examinations. 

However, Justice Palli deferred the question of requirement of the petitioner to undergo additional 42 days’ training as a pre-requisite for completion of her DNB course, on the next date of hearing on August 16.  

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