ANKITA BAIDYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Oprah Winfrey once said, in a moment of sombre reflection, that "the choice to become a mother is the choice to become one of the greatest spiritual teachers there is". That may very well be, the All India Institute of Medical Sciences (AIIMS) would seek to contend - but it is also the choice of a delay of six months in obtaining the coveted and prestigious degree of DM (Doctorate of Medicine), if you happen to be an aspiring student and chance to become enceinte during the currency of your course. The petitioner, who so chanced to become pregnant during the currency of her DM course, applied, to the AIIMS, for maternity leave and was informed, even while the leave, was sought and granted, that the attainment of the DM qualification, by her, would be postponed by 6 months, by reason of grant, to her, of maternity leave. Perplexed and distressed thereby, the petitioner has moved this Court.

(2.) The writ petition, therefore, seeks issuance of a writ of mandamus, to the AIIMS, to allow the petitioner to undertake the said DM examination in December, 2018.

(3.) The short issue that arises for determination, in the present writ petition is, therefore, whether a DM student in the AIIMS, who applies for maternity leave, would have to suffer a delay of 6 months in the completion of the DM course and, consequently, the award of the DM qualification.