Court Directs Fresh Consideration of Leave Application in Light of Exceptional Circumstances
In a landmark decision that underscores the significance of maternity and medical leave rights, the Kerala High Court has directed the National Board of Examinations in Medical Sciences (NBEMS) to reconsider the leave application of Dr. Susan K. John, a super speciality trainee. The judgment was delivered on January 20, 2026, by Justice Bechu Kurian Thomas, responding to a petition filed by Dr. John seeking special leave due to maternity and subsequent medical conditions.
Dr. John, who was undergoing her Doctorate of National Board (DrNB) course in Nephrology, faced challenges due to extensive leave requirements stemming from maternity and a serious medical condition - Stage IV High Grade B-Cell Lymphoma. Her cumulative leave, including maternity leave of 184 days, exceeded the permissible limit set by NBEMS, leading to a threat of cancellation of her candidature.
Justice Thomas emphasized the recognition of maternity leave as a fundamental right, separate from regular discretionary leave. The Court highlighted that reproductive rights, including maternity leave, are integral to the constitutional guarantees of equality and dignity for women. The judgment noted the injustice in rigidly applying the 'no leave beyond one year' rule without considering extraordinary circumstances.
The petitioner’s leave was denied by NBEMS citing Clause 7(c) of the Comprehensive Leave Rules, which mandates cancellation of candidature if leave exceeds a year. However, the Court found the rule change, post-admission of the petitioner, to be prejudicial, failing to accommodate exceptional circumstances such as prolonged illness and maternity leave.
Justice Thomas referred to precedents, including the Supreme Court’s recognition of reproductive rights and Delhi High Court judgments, reinforcing the constitutional and human rights aspects of maternity leave. The Court articulated that maternity leave must not be clubbed with regular leaves and stressed the need for judicial intervention in exceptional cases to prevent severe prejudice.
The judgment directs NBEMS to consider Dr. John's fresh application for leave, taking into account the unique circumstances presented. The Court has mandated the NBEMS to process this application within two weeks, ensuring Dr. John’s candidature is not terminated unjustly.
This ruling is a significant affirmation of the rights of women in academia and professional training, ensuring they are not penalized for circumstances beyond their control. It sets a precedent for balancing academic regulations with compassionate consideration of extraordinary life events.
Bottom Line:
Maternity leave and medical leave due to extraordinary circumstances like serious illness should be considered separately, and not clubbed with other regular leaves when determining leave limits. The restriction on maximum allowable leave should not be applied rigidly in exceptional cases.
Statutory provision(s): Maternity Benefit Act, 1961, Comprehensive Leave Rules for NBEMS Trainees
