Kerala High Court Upholds Doctor's Rights in Landmark Ruling on Maternity and Medical Leave
In a significant judgment that underscores the protection of reproductive rights and healthcare needs, the Kerala High Court has delivered a ruling that prevents the National Board of Examination in Medical Sciences (NBEMS) from combining maternity leave with other medical leaves to cancel a trainee's candidature under the "one-year-leave" limit rule. This decision comes as a relief to a medical professional facing a life-threatening illness.
Unique Case of a Doctor Battling Cancer
The case involved a 34-year-old super specialty student pursuing a Doctorate of National Board (DrNB) in nephrology, who 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 treatment and chemotherapy.
When she sought an additional 195 days of medical leave for her cancer treatment, the NBEMS declined the request, citing Clause 7(c) of the comprehensive leave rules 2024. This clause states that if the total leave availed by a trainee during the training programme exceeds one year (365 days), it leads to the cancellation of candidature. The board argued that her total leave would reach 402 days, surpassing the permissible limit.
Court's Emphasis on Reproductive Rights and Exceptional Circumstances
Justice Bechu Kurian Thomas, presiding over the case, described the situation as unique and extraordinary. The court observed that reproductive rights of a woman have been recognized as a part of fundamental rights, and maternity leave must be regarded as an aspect of these rights. It added that maternity leave is a right, whereas other leaves are discretionary, and thus, maternity leave cannot be clubbed with regular or medical leaves for calculating the one-year limit.
The court noted that the serious illness contracted by the petitioner was not her fault, stating that illness is beyond the petitioner's control. It highlighted that the reason for seeking leave beyond one year is attributable to an act beyond her control, not wilful conduct. The order emphasized that the right of a woman, including a female postgraduate trainee, to avail maternity leave cannot be denied.
Comparison of Leave Rules and Judicial Intervention
The court examined the leave rules, noting that erstwhile rules considered exceptional situations like prolonged illness, but the current rules do not. It argued that extraordinary situations require an extraordinary approach and that the restriction in the Comprehensive Leave Rules for NBEMS trainees 2024 should not be applied pedantically to such rare instances.
Justice Thomas permitted the petitioner to submit a fresh leave application through her institution within ten days of the judgment. The court directed that appropriate orders be passed, taking note of the peculiar circumstances, and in the meantime, the petitioner shall not be terminated from the DrNB programme. This ensures her career is protected while she undergoes critical treatment.
Broader Implications for Medical Trainees
This ruling sets a precedent for handling similar cases where maternity leave and medical emergencies intersect. It reinforces the principle that legal frameworks must adapt to human realities, especially in life-threatening situations. The judgment also calls for NBEMS to vest power in deciding leave grants beyond one year in appropriate cases, considering individual circumstances.
The Kerala High Court's decision not only rescues the doctor's career but also sends a strong message about upholding fundamental rights in professional settings. It highlights the need for flexible policies in medical training to accommodate health crises without penalizing trainees.
