Point of law : There is a method in the evolution of constitutional law jurisprudence. Evolution of constitutional law rights are guided and controlled by the text of the constitution, long settled judicial principles of interpretation of the constitution, and judicial precedents in point. The march of law is also assisted by consensus of values in the comity of civilized nations. These universal values are often manifested in international instruments.

JUDGMENT :

1. The narrative is being structured in the following framework to facilitate the discussion:

2. The petitioner asserts that she could not successfully complete B.Tech. (Electronics and Communication) course in the period prescribed in the University Regulations, as she was not granted maternity leave nor provided maternity support benefits as an expectant mother and as a new mother. She claims entitlement to an additional chance in an enlarged time period to appear in the two papers of B. Tech. (Electronics & Communication) which she could not clear in the regular academic calender.

B. Submissions

3. Sri Lal Dev Chaurasiya, learned counsel and Sri Uday Narain Singh, learned counsel for the petitioner submit that the petitioner could not appear in the last chance for qualifying the papers (which she could not clear in the regular academic semesters) due to her pregnancy and post natal recovery issues. The University authorities did not grant any relaxation and support to the petitioner during her pregnancy and immediately after she delivered a baby child. The pre natal and post natal conditions imposed limitations upon the petitioner which precluded her from competing equally with other students.

4. The petitioner has a fundamental right to various maternity benefits and reliefs. The action of the University in denying the petitioner maternity relief, benefits and support has violated her fundamental rights guaranteed under Articles 14, 15 and 21 of the Constitution of India and has permanently blighted her academic future.

5. Learned counsels submitted various authorities of the Constitutional Courts, Hon'ble Supreme Court & Hon’ble High Courts, international instruments and analogous statutes, which define and regulate maternity rights.

6. Sri Rohit Pandey, learned counsel assisted by Ms. Shambhavi Tiwari, learned counsel for the respondents-University contends that there is no provision for grant of any maternity benefits or reliefs to students under the Regulations or Ordinances of the University. The University cannot act contrary to its statutes and regulations framed thereunder. The University cannot be faulted for not granting any maternity benefits or support to the petitioner.

7. Shri Ajal Krishna, learned counsel for the AICTE has filed an affidavit on behalf of the regulatory body. Learned counsel for the AICTE contends that AICTE does not oppose the creation of scheme for grant of maternity benefits to undergraduate students by the University respondent nos. 2 and 3. Further it is for the University to create the desired Regulations for which it is adequately empowered.

8. Learned Standing Counsel for the State of U.P. contends that the creation of Regulations for grant of maternity benefits lies within the domain of the University.

9. Shri Paras Nath Rai, learned Central Government Standing Counsel submits that the Government of India had sent a communication to the University Grants Commission, New Delhi, to intimate the action taken in the matter. In response to the aforesaid communication, the University Grants Commission, New Delhi, has passed an order on 14.12.2021, requesting the Vice Chancellors of all Universities in the country to frame appropriate rules/norms with regard to the grant of maternity leave and any other facilities/relaxations deemed necessary for women students pursuing undergraduate and postgraduate programme. and also provide necessary relaxation to the women s