Maternity Leave Is A Right, Cannot Be Clubbed With Regular Leaves To Cancel Candidature: Kerala High Court Grants Relief To NBEMS Trainee
The Kerala High Court recently held that maternity leave is a right and the same cannot be clubbed with the other regular leaves taken by a National Board of Examinations in Medical Sciences (NBEMS) Trainee to cancel her candidature.
Justice Bechu Kurian Thomas was considering a plea preferred by a NBEMS Trainee, who got selected in the NEET Super Specialty Examination (NEET-SS) for a DrNB course after completing her MBBS and MD.
While she was doing her course, she had availed maternity leave for a period of 6 months/184 days in addition to a few other leaves, totalling her leave count as 207 days. However, she contracted Stage IV lymphoma cancer, for which she had to take treatment for around 195 days. She expected to resume her training by March 2026 but the issue was that she would exceed the permitted leave period by 37 days.
She submitted a leave application but the same was rejected and she was directed to re-submit the application so that her total leave do not exceed one year. She was informed that her total leave would amount to 402 days, while the Clause 7(c) of the Comprehensive Leave Rules for NBEMS trainees clearly provides that if total leave during training period exceeds more than a year, it will lead to cancellation of her candidate.
Aggrieved, she came before the High Court. She sought a direction to grant special leave and corresponding extension of her training period for completing her super specialty course. Additionally, prayers were made to set aside the communications that refused to sanction her leave request.
The National Board of Examinations in Medical Sciences opposed the plea and stated that as per the Comprehensive Leave Rules for NBEMS issued on 22-11-2024, taking leaves exceeding one year, it will lead to cancellation of candidature. It was also submitted that since the same relates to discretionary remedy, the Court ought not interfere.
The petitioner argued that since the afore Rules were not in force at the time of her joining the course, the Rules then in force should be applicable to her case. According to the previous Rules, there
The Court admitted that generally in academic matters, it does not interfere but this being an extraordinary case, an extraordinary approach is warranted. It observed:
“The right of a woman which no doubt will include a female post graduate trainee, to avail maternity leave cannot be denied. De hors the Maternity Benefit Act, 1961, a woman must be deemed to possess a right to be granted leave during a reasonable period of her pregnancy. This period must also include the time to recuperate…Maternity leave being a right and other leaves being a discretion, this Court is of the view that the maternity leave availed by a trainee like the petitioner cannot be clubbed with the other regular leaves that can be availed by such a trainee… Petitioner' maternity leave and her medical leave both had to be availed in the same year. The general principle that a person shall not avail a leave beyond one year, and if done so, would result in termination of the candidature, cannot be applied to such rare instances like the present. Therefore, I am of the view that, the restriction in the Comprehensive Leave Rules for NBEMS trainees 2024 ought not be applied pedantically, to the petitioner.”
The Court then said that the petitioner should be permitted to submit a fresh application of the leave to the Board and the same must be considered in the background of the peculiar circumstances in the present case. It was also specifically stated that the petitioner shall not be terminated from the course in the meantime.
The Court thus disposed of the plea.
Case No: W.P.(C) No.48652 of 2025
Case Title: Susan K. John v. National Board of Examinations in Medical Sciences
Citation: 2026 LiveLaw (Ker) 66
Counsel for the petitioner: George Jacob (Jose), Roshan Jacob Mundackal
Counsel for the respondents: T. Sanjay – Standing Counsel - National Board Of Examinations In Medical Sciences (NBEMS), O.M. Shalina - Deputy Solicitor General Of India, M. Gopikrishnan Nambiar, Karthik S. Acharya, K. John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan, Pranoy Harilal