Illegal To Bar Female Students From Attending University Exams Due To Attendance Shortages Caused By Pregnancy: Rajasthan High Court

The Rajasthan High Court recently held that the University barring a female student from attending examinations due to attendance shortages caused by advanced pregnancy was illegal and arbitrary. 

Justice Nupur Bhati reiterated that pregnancy should not hinder a woman's education and employment, as per the constitutional mandates and international conventions.

"This Court is of the firm view that a female student like the respondent no.1 cannot be deprived of undertaking examinations on account of shortage in the attendance due to the fact that she could not attend the classes due to her advanced pregnancy. The respondent no.1 deserves relaxation under the mandate of the Constitution and the action of the petitioner in not permitting the respondent no.1 to attend the IInd Year B.Ed Classes and the IInd Year Main Examination is declared illegal, arbitrary, unjust and against the mandate of the Constitution of India."

The petitioner was pursuing a B.Ed but could only join the course one month later owing to her pregnancy. After her delivery, she tried to rejoin the course but was denied by the University, leading her to file an application before the Permanent Lok Adalat.

The Permanent Lok Adalat allowed the petitioner to continue in 1st year, relaxed the attendance requirements for her and allowed her to appear in the examination for the 1st year. Aggrieved by this, the University filed a plea before the court.

Meanwhile, the petitioner successfully completed 1st year. However, she was not permitted to appear in the 2nd year examination due to her attendance falling short of the mandatory 80% requirement.

The petitioner approached the High Court challenging this. 

The court highlighted that India had ratified CEDAW, which mandates granting maternity leave to pregnant women. This legal framework underlined the importance of not discriminating against women based on pregnancy and childbirth. It also cited Article 42 of the Constitution, which obliges the state to provide just and humane work conditions and maternity relief.

Reliance was also placed on the Maternity Benefit Act, highlighting the need for such legislation to protect the rights of pregnant women, even though it primarily applies in an employer-employee relationship.

The court observed that while educational institutions may have their rules for attendance, in cases where pregnancy affects a female student's attendance, discriminatory actions are not in line with the Constitution.

"This Court is conscious of the fact that every educational institution has its own rules and regulations regarding attendance of the students in the classes in order to ensure that there is a regular attendance by the students attending theory or practical knowledge which can be acquired, but in the present case, on account of pregnancy and the delivery of a child by the petitioner, the petitioner was unable to attend the classes of the B.Ed. Course."

It further cited precedents that upheld the rights of female students in similar circumstances, highlighting that the Constitution's mandate was to prevent pregnancy from hindering women's education and employment.

The court thus concluded that the petitioner should not be deprived of the opportunity to take examinations due to her attendance shortfall caused by her advanced pregnancy.

As such, the court upheld the Permanent Lok Adalat's decision, allowing her to appear in the 2nd year examination and declaring her results.

The University was directed to declare the petitioner's results and provide her with the necessary certificates.