Recognition of Maternity/Child-Care Accommodation for Female Students: Attendance Relaxation to Prevent Educational Disadvantage
1. Introduction
The Madhya Pradesh High Court (Jabalpur), in Rumaisa Arwa v. The State Of Madhya Pradesh
(Writ Petition No. 5457 of 2025, decided on 02-02-2026), addressed whether a female student in a professional medical
course (BUMS) could be denied the right to sit for examinations due to short attendance caused by pregnancy and childbirth.
The petitioner, admitted in 2022 to Hakim Syed Ziaul Hassan, Government Autonomous, Unani College, Bhopal, became pregnant
during her second year and delivered a child on 20.11.2024. She sought maternity leave and accommodation.
The central issue was the reconciliation of a rigid attendance rule (75%) with the petitioner’s maternity-related absence,
especially in the context of a UGC communication dated 14.10.2021 directing educational institutions to frame policies
for maternity/child-care leave for female students—an obligation the respondents had not fulfilled.
2. Summary of the Judgment
The Court allowed the writ petition, holding that pregnancy and childbirth should not obstruct a woman from completing higher education.
It directed that the petitioner be granted relaxation in attendance to meet eligibility for examinations (in substance, accommodation up to the required standard),
ordered declaration of her II semester result, and provided that if she passed, she be permitted to continue by taking admission in the III semester.
No costs were awarded.
3. Analysis
3.1 Precedents Cited
The petitioner relied on Renuka v. University Grants Commission (UGC) and ors., where the Delhi High Court considered
the right of women to avail maternity leave in the workplace. While the MP High Court notes that Renuka dealt with
maternity benefits in an employment setting, it treated the underlying principle—non-discrimination and reasonable accommodation
connected with maternity—as capable of extension into the educational domain.
Importantly, the MP High Court did not treat Renuka as a strict “attendance-rule” case; instead, it used it as a normative anchor
to recognize maternity as a legitimate ground requiring institutional adjustment, thereby preventing maternity from becoming a structural barrier
to participation and progression.
UGC letter dated 14.10.2021 (Policy Direction)
Though not a judicial precedent, the Court relied on the UGC’s directive requiring educational institutions to frame policies granting
maternity/child care leave to female students. The Court observed that no such policy had been framed by the respondents.
This absence weighed against a strict application of attendance norms because the institution had not operationalized the regulatory expectation
of maternity-supportive frameworks.
3.2 Legal Reasoning
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Maternity as a ground for accommodation in education: The Court explicitly recognized that “during study, marriage as well as
pregnancy should not come in their way to complete their education.” This is a clear articulation of an anti-exclusion principle in academic settings.
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Attendance rules cannot operate as a maternity penalty: The petitioner had 56.64% attendance and was granted only 10% relaxation.
The Court treated the case as “special” and held she was entitled to relaxation so that she could meet eligibility for examinations despite maternity-related absence.
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Institutional duties beyond mere relaxation: The Court went further than exam permission, indicating that if required,
study material and extra classes should be provided to women during pregnancy or after delivery. It also stated that the benefit
of child care leave should be extended “as far as possible.” This frames maternity accommodation as a positive duty of educational institutions,
not a discretionary concession.
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Equity-driven relief through writ jurisdiction: The Court used its writ jurisdiction to prevent an outcome where an otherwise successful student’s
academic progression would be derailed due to a life event connected to maternity—especially in the absence of an institutional maternity policy.
3.3 Impact
This decision has meaningful implications for higher and professional education in Madhya Pradesh:
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Normalization of maternity accommodation for students: By extending a maternity-benefit principle beyond “workplace” logic into education,
the judgment supports a broader understanding of gender equality within academic systems.
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Pressure to implement UGC-aligned policies: The Court noted the absence of a maternity/child-care leave policy despite the UGC letter.
Institutions may now face heightened scrutiny if they continue without such frameworks and attempt to enforce rigid attendance thresholds.
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Attendance requirements become context-sensitive: While the judgment does not abolish attendance rules, it signals that
maternity-linked absence requires calibrated adjustment so that rules do not become instruments of exclusion.
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Broader remedial model: The Court’s suggestion of study material/extra classes indicates that remedies may include academic support measures,
not merely administrative permission to sit for examinations.
4. Complex Concepts Simplified
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Writ Petition: A constitutional remedy by which a person asks a High Court to protect legal rights and correct unlawful administrative action.
Here, it was used to challenge denial of exam eligibility due to attendance shortage caused by maternity.
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Attendance requirement (75%): A rule that a student must attend a minimum percentage of classes to be eligible for examinations.
Such rules promote academic discipline but can create unfairness if applied without exceptions for protected circumstances like maternity.
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Relaxation: An official reduction or exception to a rule. The petitioner was initially given only a 10% relaxation, which the Court found insufficient.
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Interim order: A temporary court order passed during the case. Here, it permitted the petitioner to appear in the examination pending final decision.
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Maternity/Child care leave for students: Though commonly discussed in employment, the judgment treats these benefits as equally relevant in education,
requiring institutions to accommodate pregnancy, childbirth, and early child-care responsibilities.
5. Conclusion
Rumaisa Arwa v. The State Of Madhya Pradesh establishes a practical and equality-oriented rule: pregnancy and childbirth cannot be allowed to
function as barriers to completing higher education, and educational institutions must provide meaningful accommodation—including attendance relaxation
and supportive academic measures—especially where UGC-directed maternity/child-care policies have not been framed.
By drawing on Renuka v. University Grants Commission (UGC) and ors. and the UGC’s policy direction, the Court situates maternity accommodation
within a broader framework of dignity, access, and non-exclusion, likely shaping how professional colleges and universities handle attendance norms
for female students facing maternity-related absence.