The decision to extend maternity benefits to educational institutions is a policy matter left to the legislature.

P.K. Misra, J.

Heard Mr. Thirumavalavan for the appellant, Mr. S. Rajasekar, Addl. Government Pleader for Respondents and Mrs. Karthika Ashok, who had been appointed as Amicus curiae to assist the court.

2. The appellant was a student in Film Direction and Screenplay writing in M.G.R.Film and Television Institute of Tamil Nadu, which is a Government institute conducting diploma courses in different fields including the Film Direction. The question relates to shortage of attendance of the appellant during the academic session of 2005-2006, between June 2005 and March 2006 to be precise. It is not in dispute that the rules and regulations relating to attendance of class envisage that a student is required to attend 80% of the classes in the year concerned. Regulations 3.2 and 3.2 are as follows:-

"3.2 Requirements to appear for Examination:

The Examinations will be conducted at the end of the year for the first year subjects and at the end of each semester for semester subjects by the Board of Examinations. A candidate will be permitted to appear for the Boards Examinations, only if:

(i) he / she secure 80% attendance in the year / semester concerned

(ii) he / she earns a progress certificate from the head of the institution for satisfactorily completing the course of study as required by the regulations, and

(iii) his / her conduct was satisfactorily during the course of study.

3.3 Condonation of Attendance:

The minimum overall percentage of attendance (in all subjects of the current semester / year put together) required for a candidate to become eligible to write the Boards Examination is 80%.

Under extraordinary circumstances, if there exist genuine and valid reasons, the Principal of the college has been empowered by the Chairman, to condone upto a maximum of 5% shortage to a candidate, subject to the condition that he / she satisfies all the other requirements to appear for the Boards Examination. Under no circumstances a candidate with attendance less than 75% be permitted to write the Boards Examination. The condonement of 5% shortage shall not be done as a routine to all candidates, but only for genuine cases; It shall not be claimed as a matter of right by all candidates."

3. In the present case, according to the Department, the appellant was not permitted to appear at the examination as her attendance was much below the required attendance. The appellant filed W.P.No.19355 of 2006, which has been dismissed by the learned single Judge under the impugned judgment. Thereafter, initially an order was passed on 17. 2006 dismissing the writ appeal on merits at the stage of admission. Subsequently, however, Review Appln. No. 99 of 2006 was filed. While considering such Review Application, counsel for the appellant cited before the Division Bench an earlier order of the High Court, which is reported in 2008(1) CTC 334 (KAVITHA RAJAGOPAL v. THE REGISTRAR, TAMIL NADU Dr. AMBEDKAR LAW UNIVERSITY, CHENNAI AND ANOTHER), decided on 12. 2004, to the effect that even if there was no specific provision relating to condonation of delay, a pregnant woman was entitled to get maternity leave benefit in the concerned University and the shortage of percentage in attendance can be condoned in exceptional cases. As a matter of fact, in the aforesaid decision, there was reference to another decision of a learned single Judge reported in 1996 WLR 802 (NITHYA v. UNIVERSITY OF MADRAS). Taking into consideration the earlier decisions, the Division Bench recalled the earlier order of dismissal and directed the matter to be taken up for hearing. That is how the matter has come before us.

4. Learned counsel for the appellant has contended that in view of the International Conventions recognizing the necessity to grant maternity leave to pregnant women and in order to avoid any discrimination, the shortage of attendance is required to be condoned. In the above context, learned counsel for the appellant has referred to Article 12(2) of the C