Maternity leave cannot be counted against leave limits for trainees, and courts can intervene in exceptional health circumstances to allow leave extensions beyond standard rules.

JUDGMENT :

BECHU KURIAN THOMAS, J.

1. Petitioner seeks for a direction to grant special leave of 47 days and corresponding extension of her training period to enable the completion of her super specialty course. Petitioner also seeks for a declaration that Clause 7(c) of Ext.P4 Rules will not apply to her since she was admitted to the super specialty course on 14.12.2022 while Ext.P3 Rules were in force. A further direction is sought to quash Ext.P8 and Ext.P10 communications refusing to sanction her leave as sought for by her and further to quash Ext.P6 communication.

2. Petitioner completed her MBBS course as well as her MD in General Medicine. She was selected in the NEET Super Speciality Examination of 2022 (NEET-SS) and allotted the DrNB course in Nephrology with the 4^th respondent Medical institution where she joined on 14.12.2022. While the petitioner was undergoing her Super Speciality Course, she availed a maternity leave from 23.05.2023 to 22.11.2023 i.e., 184 days, when she gave birth to her second child and a few other days of leave, thereby totalling to 207 days of leave in the year. While so, petitioner contracted 'Stage IV High Grade B-Cell Lymphoma' which was a serious and aggressive form of blood cancer. Petitioner’s treatment commenced on 28.08.2025 and as per Ext.P2 certificate dated 13.10.2025, her treatment plan is expected to be completed by January 2026 and with the required rest, she expects to resume her training by March 2026.

3. According to the petitioner, she would be able to resume her training from 01.03.2026, but by then, the total leave availed by her would exceed the permitted leave by 37 days. Though the petitioner submitted Ext.P5 leave application for the period from 18.08.2025 to 18.02.2026, her request was declined, referring to Clause 7(c) with a direction to re-submit the leave application. Petitioner again submitted Ext.P7 leave application pointing out her ailment, which was also not accepted as per Ext.P8 communication resulting in her submitting Ext.P9 application which too was declined by Ext.P10 communication.

4. In the communications mentioned above i.e. Ext.P8 and Ext.P10, it was informed that the petitioner has, by virtue of the maternity leave already taken, the total leave availed by her would be 402 days and as per Clause 7(c) of the Comprehensive Leave Rules for NBEMS trainees, it is specifically stipulated that if the total leave availed during the training programme is more than a year, it shall lead to the cancellation of the candidature of the trainee and shall disentitle her from pursuing the NBEMS programme. It was also informed that the candidate must ensure that the leave taken by her should not under any circumstances exceed one year. In all these communications, the petitioner has been directed to re-submit the leave application form in the light of the Comprehensive Leave Rule, without exceeding one year as otherwise the candidature was informed as liable to be cancelled. It is in such circumstances that the petitioner has approached this Court through this writ petition.

5. A statement has been filed on behalf of the 1^st respondent pointing out that, though the petitioner had joined the course on 14.12.2022 and she has to complete the same on time. It is also stated that as per the Leave Rules published on 20.03.2018, in exceptional cases like prolonged illness, the leave across the DNB/FNB training programme can be clubbed together with prior approval of the NBE, who can cons