1. Oprah Winfrey once said, in a moment of sombre reflection, that “the choice to become a mother is the choice to become one of the greatest spiritual teachers there is”. That may very well be, the All India Institute of Medical Sciences (AIIMS) would seek to contend – but it is also the choice of a delay of six months in obtaining the coveted and prestigious degree of DM (Doctorate of Medicine), if you happen to be an aspiring student and chance to become enceinte during the currency of your course. The petitioner, who so chanced to become pregnant during the currency of her DM course, applied, to the AIIMS, for maternity leave and was informed, even while the leave, was sought and granted, that the attainment of the DM qualification, by her, would be postponed by 6 months, by reason of grant, to her, of maternity leave. Perplexed and distressed thereby, the petitioner has moved this Court.

2. The writ petition, therefore, seeks issuance of a writ of mandamus, to the AIIMS, to allow the petitioner to undertake the said DM examination in December, 2018.

3. The short issue that arises for determination, in the present writ petition is, therefore, whether a DM student in the AIIMS, who applies for maternity leave, would have to suffer a delay of 6 months in the completion of the DM course and, consequently, the award of the DM qualification.

4. Be it noted, during the pendency of this writ petition, the petitioner was permitted, vide order dated 30th November, 2018, to appear in the final examinations of the DM programme, which was conducted in December, 2018, without creation of any equities thereby.

5. Proceeding, then, to the facts.

6. On 1st July, 2011, the petitioner joined the Post Graduate MD course in Microbiology in the AIIMS. She cleared the final examination of the said course in December, 2014. She, thereafter, joined as a Senior Resident in Laboratory medicine in, the AIIMS, in 2015 and, thereafter, as a Senior Resident in Microbiology in July, 2015, clearing the requisite entrance examinations on each account.

7. In January, 2016, the AIIMS issued a Prospectus for the DM programme in Infectious Disease which, it may be noted, was being introduced, for the first time in India, in the AIIMS. The petitioner applied, as a general category candidate, for the said programme in DM (Infectious Disease) and she cleared the entrance examination, in the first attempt.

8. The Prospectus for the DM programme in Infectious Disease, as issued by the AIIMS, contained various clauses setting out the terms and conditions applicable to persons/students undertaking the said programme. Clause 7 of the said Prospectus, which dealt with “leave”, stipulated that the candidate would be entitled to 24 days leave in the first year, 30 days leave in the second year and 36 days in the third year. No other stipulation, regarding “leave”, insofar as the DM programme in the various super specialties, including that of Infectious Diseases, was concerned, is to be found in the said Prospectus. For ready reference, Clause 7 of the Prospectus, which deals with the leave available to candidates undertaking super-specialty DM courses, may be reproduced, thus:

“7. Leave

1st year: 24 days; 2nd year: 30 days; 3rd year: 36 days.”

9. Consequent to clearing of the entrance examination, for the DM (Infectious Diseases) course, the petitioner joined the Medicine and Microbiology Department of the AIIMS, which administered the said programme, as Senior Resident (SR) (Academic), for the Academic Session January, 2016-December, 2018, on 1st January, 2016.

10. The Memorandum, dated 4th December, 2015, issued by the AIIMS, whereby the petitioner was informed that she had been selected as a student for the DM course, besides stipulating other conditions, applicable to the said course, specified, with respect to leave, as under:

“He/she will be entitled for 90 day