“Marriage Or Pregnancy Cannot Obstruct Education”: MP High Court Directs College To Grant Attendance Relaxation To Student

In a significant ruling, the Madhya Pradesh High Court has held that marriage and pregnancy cannot become barriers to a woman's pursuit of higher education, and directed educational institutions to accommodate female students by granting maternity/child care leave and relaxing attendance requirements.A Division Bench of Justice Vivek Rusia and Justice Pradeep Mittal observed that the benefits of maternity protection available in workplaces must equally extend to women pursuing studies.“During study, marriage as well as pregnancy should not come in their way to complete their education; therefore, they are liable to be accommodated or adjusted to achieve the requisite percentage of attendance for appearance in the final examinations.”The Court further said that institutions must provide extra classes, study material and necessary academic support during pregnancy or post-delivery.The petitioner, Rumaisa Arwa, is a BUMS student at Hakim Syed Ziaul Hassan Government Autonomous Unani College, Bhopal. After successfully completing her first year, she got married and became pregnant during her second year.She delivered a child on 20 November 2024 and sought maternity leave. However, the college granted only 10% attendance relaxation. As her attendance stood at 56.64% against the mandatory 75%, she was barred from appearing in the examination.She approached the High Court seeking directions to grant maternity leave and permit her to take the semester examination.During the pendency of the petition, the Court passed an interim order allowing her to appear, though her result was withheld.The petitioner relied on the UGC letter dated 14.10.2021, which directed all educational institutions to frame policies granting maternity/child care leave to female students.She also cited the Delhi High Court's decision in Renuka v. UGC, which recognised maternity benefits as part of women's rights.The State contended that the petitioner fell short of the minimum 75% attendance requirement and had already been granted 10% relaxation. Therefore, she was ineligible to sit for the examination.Court's FindingsThe Bench noted that no maternity policy had been framed by the institution despite UGC directions, and held that denying academic progression due to pregnancy would defeat women's educational rights.Extending the principle recognised in workplace jurisprudence, the Court ruled that the same protection must apply in academic spaces.“If required, the study material and extra classes should be provided to them by the school and colleges during pregnancy or after delivery. The benefit of child care leave should also be extended to them as far as possible.”Calling it a “special case,” the Court held that the petitioner deserved attendance relaxation up to the required 75% threshold.Case: RUMAISA ARWA Versus THE STATE OF MADHYA PRADESH AND OTHERSCase No: WRIT PETITION No. 5457 of 2025Click here to read order

“Marriage Or Pregnancy Cannot Obstruct Education”: MP High Court Directs College To Grant Attendance Relaxation To Student

Srinjoy Das

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