Kerala High Court rescues doctor’s career: Rules maternity leave can’t be used to block life-saving cancer treatment

Justice Bechu Kurian Thomas permitted the petitioner to submit a fresh leave application through her institution within ten days of the judgement. (Image enhanced using AI)

“Reproductive rights of a woman have been recognised as a part of fundamental rights, and maternity leave has to be regarded as an aspect of reproductive rights,” the court observed.

The court added that maternity leave being a right and other leaves being a discretion, the maternity leave availed by a trainee cannot be clubbed with the other regular leaves.

The petitioner availed 184 days of maternity leave in 2023, and a few other days of leave, totalling 207 days, and later in 2025, she was diagnosed with an aggressive blood cancer, and for the prolonged treatment, she sought an additional 195 days of medical leave, which the board declined, citing the “one-year-leave” limit for leave.

Noting that the serious illness contracted by her was not her mistake, the order added that the right of a woman, which no doubt will include a female postgraduate trainee, to avail maternity leave cannot be denied.

‘Illness is beyond the petitioner’s control’

• DrNB (Doctorate of National Board) course is a doctoral level duper specialty programme, which a candidate can join after qualifying the NEET-SS.
• While the petitioner has been undergoing her training, she availed leave of 205 days, including a maternity leave of 184 days.
• She contracted the dreaded cancer, and hence she sought further leave.
• Petitioner’s request for leave has been declined, stating that she had already availed maternity leave and other leave totalling 205 days, and if the present leave as sought for is granted, it would exceed the permissible limits of leave by 37 days, the consequence of which is to terminate her candidature for the course.
• True that DrNB is a speciality course requiring a candidate to undergo continuous training without a long break.
• On a comparison between the rules that were in force at the time the petitioner joined the DrNB course and the present rules, it is discernible that the erstwhile rules took into consideration exceptional situations such as prolonged illness, which could be considered by the NBEMS for the grant of leave.
• The present rules, however, do not take into consideration any exceptional cases like prolonged illness.
• The reason for seeking leave beyond the period of one year is not attributable to any wilful conduct of the
• petitioner, but as something attributable to an act that is beyond the petitioner’s control.
• Petitioner had availed of 184 days of maternity leave. Of course, the said leave was approved post facto.
• However, the fact remains that her maternity leave was approved.
• The board cannot ignore the circumstance that the petitioner, after obtaining admission through a competitive examination, had to, due to a prolonged serious illness, take leave which was beyond her control.
• The Comprehensive Leave Rules for NBEMS trainees stipulate in clause 3(d) that female postgraduate students are entitled to maternity benefits, which include maternity leave.
• De hors the Maternity Benefit Act, 1961, a woman must be deemed to possess a right to be granted leave during a reasonable period of her pregnancy.

‘Unique case, extraordinary approach’

• Extraordinary situations require an extraordinary approach. There is no doubt that the situation that arises in the instant case is unique.
• Petitioner’s maternity leave and her medical leave both had to be availed in the same year.
• The general principle that a person shall not avail a leave beyond one year, and if done so, would result in termination of the candidature, cannot be applied to such rare instances like the present.
• The restriction in the Comprehensive Leave Rules for NBEMS trainees 2024 ought not be applied pedantically to the petitioner.
• Since the NBEMS ought to be vested with the power of deciding, in appropriate cases, the grant of leave, even beyond the period of one year, taking into account the circumstances arising, the court is of the view that such a consideration is essential in the background of facts narrated in this judgment.
• The petitioner’s maternity leave cannot be counted for calculating the total leave to apply the principle of ‘no leave beyond one year’.
• The petitioner ought to be permitted to submit a fresh application in a time-bound manner to the board seeking leave, and appropriate orders ought to be passed taking note of the peculiar circumstances.
• In the meantime, the petitioner shall not be terminated from the DrNB programme.

Case of one-year leave limit

• The petitioner, a 34-year-old super specialty student pursuing a DrNB in nephrology, approached the court after her registration was threatened with cancellation.
• She had joined the course in December 2022.
• During her training, she availed 184 days of maternity leave in 2023 following the birth of her second child.
• In August 2025, she was diagnosed with stage 4 high-grade B-Cell Lymphoma, an aggressive blood cancer, necessitating prolonged tratment nd chemotheraphy.
• When she sought an additional 195 days of medical leave, the National Board of Examiners in Medical Science (NBEMS) declined the request, citing Clause 7(c) (if the total leave availed by them during the training programme is more than a year, it shall lead to the cancellation of the candidature of the NBEMS trainee) of the comprehensive leave rules 2024.
• Appearing for the board, advocate T Sanjay argued that her total leave would reach 402 days, exceeding the permissible one-year (365 days) limit, which mandates the cancellation of candidature.