Maternity Leave Cannot Be Clubbed With Medical Leave: Kerala High Court Relief To Trainee Doctor With Stage IV Cancer
Maternity leave is a right while other leaves are a discretion
The Kerala High Court protecting a DrNB (Doctorate of National Board), Nephrology, super-specialty trainee from termination, has held that maternity leave cannot be clubbed with medical leave to cancel a candidate’s training.
Considering that the trainee was suffering from 'Stage IV High Grade B-Cell Lymphoma', a serious and aggressive form of blood cancer, the Court directed the National Board of Examinations in Medical Sciences (NBEMS) to reconsider her request for extended leave in light of extraordinary circumstances.
The bench also categorically highlighted that maternity leave is a right and other leaves being a discretion, therefore the maternity leave availed by the petitioner cannot be clubbed with the other regular leaves that can be availed by such a trainee.
Justice Bechu Kurian Thomas noting the peculiar facts and circumstances of the matter, observed, “Though normally in academic matters, this Court would abide by the decision of the academic bodies, it is not an inflexible rule. In appropriate cases, this court would be justified in exercising the power of judicial review. Extraordinary situations require an extraordinary approach. There is no doubt that the situation that arises in the instant case is unique. Petitioner’ 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. Therefore, I am of the view that, the restriction in the Comprehensive Leave Rules for NBEMS trainees 2024 ought not be applied pedantically, to the petitioner”.
“Moreover, as observed in the preceding paragraphs petitioner's maternity leave cannot be counted for calculating the total leave to apply the principle of ‘no leave beyond one year’”, the bench further observed.
Advocate George Jacob (Jose) appeared for the petitioner and O.M. Shalina, Deputy Solicitor General of India appeared for the respondent.
In the present matter, the petitioner, a doctor who joined the DrNB course on 14-12-2022 after qualifying NEET-SS, had earlier availed 184 days of maternity leave in the year 2023. She was later diagnosed with Stage IV High Grade B-Cell Lymphoma, an aggressive blood cancer, and sought further medical leave for chemotherapy and recovery.
Now if the medical leave were added to her earlier leave, her total absence would cross one year, triggering Clause 7(c) of the NBEMS Comprehensive Leave Rules, 2024, which mandates cancellation of candidature, if leave exceeds one year. On the basis of the said calculation and rules, her applications were rejected.
The bench, however, noted that when the petitioner joined the course, the earlier 2022 rules permitted relaxation in exceptional cases like prolonged illness, whereas the 2024 rules rigidly barred leave beyond one year. And applying the new rule mechanically would cause serious prejudice, especially since the excess leave arose from circumstances beyond her control.
The bench calling the situation “extraordinary,” thus, held that academic rules cannot be applied pedantically where a candidate faces both maternity and life-threatening illness in the same training period.
It directed the petitioner to submit a fresh leave application, and ordered NBEMS to decide it within two weeks, specifically considering the exceptional facts and without relying on earlier rejection orders. Meanwhile, further directed that her candidature cannot be terminated on the said grounds and reasoning.
Cause Title: Susan K. John v. National Board Of Examinations In Medical Sciences, (Nbems) [Neutral Citation: 2026:KHC:7594]
Appearances:
Petitioner: George Jacob (Jose), Roshan Jacob Mundackal, Advocates.
Respondents: T. Sanjay, SC, O.M. Shalina, Deputy Solicitor General of India, M. Gopikrishnan Nambiar, Karthik S. Acharya, K. John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan, Pranoy Harilal, Advocates.