By the Court.—Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

2. Shorn of unnecessary details, facts relevant for the purpose of the case are as under :

Petitioner, after being duly selected by the Selection Board constituted by the Director General of Medical Education, Uttar Pradesh, Lucknow, was appointed on the post of Lecturer (Radio Diagnosis) on contractual basis in M.L.B. Medical College, Jhansi on 24.2.2009. The appointment of the petitioner was initially for a period of one year, thereafter, it was subsequently extended from time to time. Under the orders of the State Government dated 27.9.2013, petitioner alongwith 42 other contractual doctors, was granted promotion to the post of Assistant Professor. After facing the Selection Board constituted by the Director General of Medical Education, petitioner was promoted to the post of Associate Professor vide order dated 28.1.2015 and still continues on the post.

3. In the year 2016, petitioner gave birth to a child and was allowed Maternity Leave for a period of six months from 3.5.2016 to 29.10.2016. After availing the aforesaid leave, she joined the college on 4.11.2016. Husband of the petitioner is also a doctor by profession and working on the post of Associate Professor in (Anaesthesiology) in the same medical college.

4. Finding that child was not comfortable with the maid during the period when the petitioner and her husband went out for work, she applied for Child Care Leave for a period of three months before the Principal, respondent No. 3, Medical College vide application dated 18.5.2017. The said application was rejected vide order dated 20.5.2017 on the ground that the petitioner, being a contractual employee, is not entitled for grant of Child Care Leave.

5. Learned counsel for the petitioner points out that the Central Government vide office memorandum dated 11.9.2008 took a decision on the basis of recommendation of the VIth Central Pay Commission relating to enhancement of the quantum of Maternity Leave and introduction of Child Care Leave in respect of Central Government employee, which has been adopted by the State of U.P. for its employees vide Government Order dated 11.4.2011. The aforesaid Government Order has further been clarified by yet another Government Order dated 24th September, 2014. On the strength of the aforesaid two Government Orders, it is submitted that petitioner is entitled to Child Care Leave and her application has wrongly been rejected.

6. Learned Standing Counsel trying to justify the impugned order submits that the Government Orders dated 11.4.2011 and 24.9.2015 referred to by the learned counsel for the petitioner only makes reference to the regular appointed female Government servant and are not applicable to female employees working on contractual basis, hence, her application for grant of Child Care Leave has rightly been rejected as the said leave is not admissible to contractual employees.

7. The issue for our determination is whether the female employees, who are not under regular employment, are entitled to be extended the said benefit.

8. Our Constitution in its preamble, promises social and economic justice. Fundamental rights are enshrined in Part III of the Constitution. Article 14 provides that the State shall not deny to any person equality before law or the equal protection of the laws within the territory of India. Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Clause (3) of this Article empowers the State to make any special provision for women and children. The said clause reads as under.

“15 (3). Nothing in this Article shall prevent the State from making any special provision for women and children.”

9. The Directive Principles of State Policy is contained in Part IV of the Constitution, which though are not enforceable by law, but is nevertheles