Young mother whose candidature was nixed after she took maternity leave during Ophthalmology course gets Delhi High Court nod to write exam

The Delhi High Court on Friday allowed a young mother, whose candidature in a diploma course was cancelled by the National Board of Examination (NBE) due to shortage of attendance following maternity leave, to appear in upcoming final exams for the course..Justice Rekha Palli's order underlined that the final examinations for the woman’s Ophthalmology course were scheduled to begin on August 24, 2021..While allowing the woman to undergo additional training in order to compensate for the leaves she took, the Court directed, “The petitioner is also permitted to appear in the aforesaid examinations.”.The Court had enquired with the woman if she was willing to undergo an additional training period to compensate for the shortfall in the training period on account of her maternity leave. The woman expressed willingness to undergo such additional training for 163 days i.e. for the period she took maternity leave as sanctioned by the institute..Pertinently, the Court was also informed that the NBE had asked her to undergo an additional training for 42 days in terms of its notice on April 4, 2020. By the said notice, the training period of all diploma students whose tenure were to end between April 1, 2020 and June 30, 2020 (both days inclusive) was extended by a period of six weeks. .The woman (petitoner) however contended that to make her undergo training for the additional period of 42 days would be “wholly unwarranted”..The Court was told that the NBE had no objection in recalling its candidate cancellation orders and permitting the petitioner to appear for the upcoming final examinations, subject to her undergoing training for the additional 42 days..“From the submissions made at the bar, it is evident that both parties are ad idem as to the requirement of the petitioner undergoing an additional training for 163 days in lieu of the period for which she was on maternity leave,” the Court noted..The only bone of contention remaining pertained to whether the woman should undergo an additional 42-day training. .“In these circumstances and keeping in view the fact that the final examinations for the DNB course are commencing on 24.08.2021, the petitioner is permitted to forthwith join training at the respondent no.2/institute to compensate for the maternity leaves availed by her and is also permitted to appear in the aforesaid examinations,” the Court ordered on Friday..The question of whether the woman is required to undergo an additional training for 42 days training would be considered by the Court on the next hearing..The woman is stated to have taken several medical leaves during her pregnancy in addition to the maternity leave. According to the institute, she was short of about 180 days in her training period. She completed her training by December 10, 2020, and was given a training completion certificate. However, the NBE claimed that the woman took “unauthorised absence” of more than 404 days, leading to the cancellation of her candidature..Another Bench of the High Court, while hearing the matter, had earlier observed, “Prima facie, it would not be permissible for the NBE to completely cancel her candidature as it is not dispute that the petitioner was pregnant and had an infant child to take care of. The cancellation would in effect result in the petitioner not being able to appear for her DNB examination at all, which would be an extreme consequence as the leaves have been availed only due to her pregnancy and child-birth.”.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.