Denying Education To Girls Citing Health Concerns Like Anaemia Arising Due To Menstruation Is Unacceptable: Rajasthan High Court

The Rajasthan High Court granted relief to the petitioner who was denied admission in B.Sc (Nursing) under Armed Forces Medical Services despite being eligible, after being assessed as “unfit” when her hemoglobin was found to be low owing to heavy menstrual blood flow at the relevant time.Justice Anoop Kumar Dhand held that, “A girl's health condition like the petitioner, should not hinder her access to education merely because that of her hemoglobin was found to be below the prescribed level because of heavy menstrual bleeding. Menstrual cycle should not be treated as a barrier to the education of any girl child like the petitioner. Denying education on the basis of health concerns, arising due to menstruation is unacceptable.”The petitioner had qualified the screening process for admission in B.Sc (Nursing), however, in the medical examination, her hemoglobin was found to be low by the Special Medical Board, and she was treated as unfit for “Aneamia”. An appeal was preferred by her before the Appellate Medical Board wherein she was re-assessed within 24 hours, and same conclusion was given. Hence, the petition was filed before the Court and under the orders of the Court, a review medical board was constituted which conducted medical test of the petitioner in which she was found fit. The petition was opposed by the State on the ground that 18 candidates were found unfit due to low hemoglobin levels. There was no provision for conducting any review medical test, and if the petitioner was granted admission basis her review medical examination, that would affect the rights of the candidate. After hearing the contention and perusing the records, the Court highlighted that aneamia was not a permanent disease. It was the most common blood disorder which was a temporary condition and its symptoms varied from person to person. It was further opined that heavy blood flow during menstruation was also known as “Menorrhagia” which affected 10-15% women in India annually.In this background, the Court held that, “Having regard to the nature of review medical opinion, provided by the medical experts of the respondents, coupled with the fact that the petitioner's ailment was temporary in nature, the respondents are expected to adopt a lenient and compassionate view in this matter… Among all these opinions, the opinion of the Review Medical Board would prevail, as it has concluded that the petitioner was found to be 'fit for Anemia'.”The Court stated that menstrual cycle should not be treated as a barrier to girl child's education, and denying education on the basis of health concerns arising due to menstruation was unacceptable. The Court also rejected the argument of the State opining that if those 17 candidates chose not to assert their rights, and passively accepted the decision, the petitioner could not be deprived from getting admission. Accordingly, looking at the fact that the petitioner was declared fit by the medical review board, the State was directed to admit the petitioner in B.Sc (Nursing). Title: Sakshi Choudhary v Union of India & Anr. Citation: 2025 LiveLaw (Raj) 186Click Here To Read/Download Order

Denying Education To Girls Citing Health Concerns Like Anaemia Arising Due To Menstruation Is Unacceptable: Rajasthan High Court

Nupur Agrawal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Denying Education To Girls Citing Health Concerns Like Anaemia Arising Due To Menstruation Is Unacceptable: Rajasthan High Court

Nupur Agrawal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers