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2026 Supreme(Ker) 493

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Susan k. John w/o George Isaac – Appellant
Versus
National Board Of Examinations In Medical Sciences, (Nbems) – Respondent


Advocates Appeared:
For the Appellant : SRI.GEORGE JACOB (JOSE) SRI.ROSHAN JACOB MUNDACKAL
For the Respondent: SHRI.T.SANJAY, SC, O.M.SHALINA, SHRI.M.GOPIKRISHNAN NAMBIAR SRI.KARTHIK S. ACHARYA SHRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SHRI.PAULOSE C. ABRAHAM SHRI.RAJA KANNAN SHRI.PRANOY HARILAL

Table of Content
1. petitioner requests leave extension due to serious illness. (Para 1 , 2 , 3 , 4)
2. respondents cite rules for leave limitations. (Para 5 , 6)
3. comparison of past and present leave rules. (Para 8 , 10 , 11)
4. significance of maternity leave in reproductive rights. (Para 12 , 13)
5. court emphasizes uniqueness of petitioner's circumstances. (Para 14 , 15 , 16)
6. discussion on the applicability of precedents. (Para 17)
7. court orders reconsideration of leave application. (Para 18)

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 E

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