Women Shouldn’t Be Deprived Of Educational Opportunities Solely On Account Of Pregnancy Or Childbirth: Madras High Court Permits LLM Student To Submit Dissertation
The petitioner had approached the Madras High Court seeking a direction to the respondents to consider her request to remit the fee and submit her dissertation.
The Madras High Court has granted relief to a law student who had completed all the theory examinations within the normal period and her subsequent pregnancy, as well as post-natal responsibilities by permitting her to submit the fee and thereafter submit her dissertation to progress further in the process of obtaining the certificate evidencing completion of the LL.M. Degree Course.
The High Court also held that a woman student should not be deprived of her educational opportunities solely on account of pregnancy or post-natal responsibilities.
The petitioner had approached the High Court seeking a direction to the respondents to consider her representation to remit the dissertation fee, submit her LL.M. dissertation, participate in the viva voce examination and, upon successful completion thereof, obtain the certificate evidencing completion of the LL.M. Degree Course.
The Single Bench of Justice Hemant Chandangoudar held, “Educational institutions, therefore, cannot adopt a rigid or mechanical approach while dealing with such cases. Instead, they are expected to act with compassion, fairness, and sensitivity, and to provide reasonable accommodation wherever possible so that a woman student is not deprived of her educational opportunities solely on account of pregnancy, childbirth, or post-natal responsibilities.”
“The present case stands on a particularly equitable footing. The petitioner had already completed all theory examinations. She became pregnant before the expiry of the extended period prescribed under the Regulations. The delay in submitting the dissertation within the extended period is directly attributable not only to the petitioner but also due to pregnancy, childbirth and post-natal responsibilities. Denial of an opportunity to submit the dissertation at this stage would effectively render several years of academic effort futile and result in disproportionate hardship”, it added.
Advocate Niranjan S. Kumar represented the Petitioner, while Advocate K.P. Krishnadas represented the Respondent.
Factual Background
The petitioner joined the LL.M. Degree Course during the academic year 2019–2020. Owing to a shortage of attendance, she was not permitted to appear for the examinations and was consequently re-admitted during the academic year 2020–2021. Thereafter, she completed all the theory examinations in 2022. The case as put up by the petitioner was that though she had completed all the theory papers, she could not submit the dissertation, which was a mandatory component of the course. She had conceived in March 2024 and delivered a female child. As per the petitioner, due to pregnancy, childbirth and the responsibility of caring for the newborn child, she was unable to complete and submit the dissertation within the time stipulated under the Regulations.
The petitioner, therefore, submitted a representation seeking permission to remit the dissertation fee and submit the dissertation. Since no favourable orders were passed, the writ petition came to be filed.
Reasoning
Reiterating the power of the University to prescribe academic standards, eligibility conditions and the maximum period within which a student must complete a course, the Bench stated, “This court ordinarily refrain from interfering with academic regulations unless the action complained of is arbitrary, unreasonable or results in manifest injustice. At the same time, academic regulations cannot be applied in a manner that completely ignores exceptional circumstances, particularly those arising out of biological and social realities faced by women students.”
Considering the fact that the petitioner had already completed all theory examinations within the normal period and the only remaining requirement for obtaining the LL.M. Degree was submission of the dissertation and participation in the viva voce examination, the Bench stated that the petitioner was not seeking exemption from any academic requirement and was merely seeking an opportunity to complete the final component of the course.
“The period immediately preceding childbirth and the post-natal period are matters of undeniable physical, medical and emotional significance. A woman undergoing pregnancy and thereafter caring for a newborn child cannot be placed on the same footing as an ordinary student for the purpose of strict application of academic timelines”, it added.
Thus, holding that a balanced approach required that the petitioner be afforded one final opportunity to complete the remaining academic requirement while preserving the academic standards prescribed by the University, the Bench asked the Controller of Examinations and the Principal, Madurai Government Law College, to permit the petitioner to remit the dissertation fee in physical/offline mode. “Upon such payment, the respondents shall receive and accept the dissertation submitted by the petitioner”, it ordered.
Cause Title: R.Sangeetha v. The Registrar (Case No.: W.P(MD)No.14351 of 2026)
Appearance
Petitioner: Advocates Niranjan. S.Kumar, B.Balamanikandan
Respondent: Advocate K.P.Krishnadas, Govt. Advocate M.Mahaboob Athiff