The judgment establishes the principle that the right to maternity leave and education should be accommodated in accordance with constitutional provisions and reproductive rights.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)

1. The petitioner in the instant petition has prayed for directions to respondent no.2 to allow her the benefit of maternity leave and pursuant to that, grant her relaxation of attendance for completing the Master of Education (M.Ed.) course. The petitioner has also prayed for directions to respondent no.1-University Grants Commission (UGC) to frame specific rules and regulations for the grant of maternity leave for post-graduate and under-graduate courses.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner was enrolled in December, 2021 for pursuing the 2 year M.Ed. regular course from respondent no.2-University.

3. The petitioner had filed an application for maternity leave before the concerned Dean and Vice-Chancellor of respondent no.2 annexing the doctor's advice along with the prescription.

4. On 28.02.2023, the petitioner received a reply from the Dean of respondent no.2 whereby, her request for maternity leave was denied. The petitioner thereafter, raised her grievance before respondent no.1 and since the petitioner did not receive any response, she has approached this court for the aforesaid directions.

5. Learned counsel appearing on behalf of the petitioner states that respondent no.1- UGC in terms of circular dated 14.12.2021 made provisions in the UGC (Minimum Standards and Procedure for Award of M.Phil./Ph.D Degrees) Regulations, 2016 (hereinafter `UGC Regulations, 2016') providing for women candidates to avail maternity leave/child care leave (`CCL') once in the entire duration of M.Phil/Ph.D course for up to 240 days. He, therefore, submits that the respondent no.2 should also be directed to make the necessary provisions for providing the sufficient days of leave towards maternity leave/CCL.

6. Learned counsel for the petitioner has placed reliance on various decisions in the cases of Saumya Tiwari v. State Of U.P. & Ors., 2021 SCC OnLine All 963: (2022)1 All LJ 732, delivered by the learned single judge of the High Court of Allahabad and a decision passed by the High Court of Judicature at Madras dated 09.07.2012 in A. Arulin Ajitha Rani v. State of Tamil Nadu, W.P. (C) 440/2011, to reiterate that the petitioner cannot be denied the benefit of maternity leave solely on the ground that no provision exists in the statute, ordinance or regulations applicable to the University, for such an act would be a violation of the Petitioner's fundamental rights under Article 14, 15(3) and 21 of the Constitution of India (hereinafter `Constitution').

7. Learned counsel appearing on behalf of respondent no.2 opposed the submission and he submits that the circular relied upon by the petitioner does not have any application in the instant case.

8. In addition he submits that the course of the petitioner is governed by the provisions of National Council for Teacher Education Act, 1993 (hereinafter `NCTE Act, 1993') and the regulations made therein. While placing reliance on National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 (hereinafter `NCTE Regulations, 2014') he states that the candidates pursuing M.Ed. course are governed by Appendix-5 i.e. Master of Education Program Leading to Master of Education (M.Ed.) Degree.

9. While taking this court through Appendix-5, he states that there are requisite number of working days as stipulated under Clause 3.2 of Appendix-5. According to him, for any M.Ed. student there shall be at least 200 working days each year, exclusive of the period of admission and inclusive of classroom transaction, practicum, field study and conduct of examination. He, further states that the minimum attendance of students shall be 80% for theory course and practicum and 90% for field attachment. He, therefore, states that there is no provision under Regulations, 2014 or under Appendix-5 to create any category, for the purpose of the students who want to avail the benefit of maternity