Himachal Pradesh High Court
Nidhi Sharma vs Himachal Pradesh University And Others on 25 June, 2025
Bench: Tarlok Singh Chauhan, Sushil Kukreja
( 2025:HHC:19864 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.1539 of 2024 Date of decision: 25.06.2025 Nidhi Sharma ....Petitioner Versus .
Himachal Pradesh University and others ....Respondents Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon'ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting ?1 No. For the Petitioner: Mr. Abhishek Sethi, Ms. Richa Sethi and Mr. Pawan K. Sharma, Advocates.
For the Respondents: Mr. Devender K. Sharma, Advocate, for respondents No.1 & 2.
Mr. Prashant Sharma, Advocate, for
respondent No.4.
Tarlok Singh Chauhan, Judge(Oral):
The instant petition has been filed for grant of the following substantive reliefs:
"i) A writ in the nature of Certiorari to quash and set aside H.P. University, Ordinance (Volume No.1), Chapter No.-XVI 9P-1), Examinations Doctor of Philosophy (Ph.D) rule No.16.10 (I) (Regularity and Progress Report) in so far as the same provides for automatic cancellation of registration of a Ph.D. scholar in the event of non-submission of six monthly progress report to the Research Degree Committee being violative of the Constitution of India as well as UGC (Minimum Stands & Procedure for Awards of M/PHIL/PH.D Degrees) Regulations 2009 (Regulations 4.4 and 8.3; P-2) and in particular the D.O. Letter No.21-116/2021 1 Whether the reporters of Local Papers may be allowed to see the judgement?::: Downloaded on - 26/06/2025 21:19:33 :::CIS 2
( 2025:HHC:19864 ) (CPP-II) dated 14.12.2021 (P-6) Issued by the Secretary of the University Grants Commission requiring all Vice-Chancellors of all Universities to frame appropriate rules/norms with regard to granting maternity leave to the women research .
fellows for upto 240 days once in the entire duration of M.Phil/Pd.D;
ii) A writ in the nature of certiorari to quash and set aside the order dated 11.01.2023 (P-11) passed by respondent No.2, whereby the registration of the petitioner as a Ph.D Research Scholar was cancelled by Research Degree Committee I its meeting held on 23.12.2022 in consonance with Rule No. 16.10(i) H.P. University, Ordinance (Volume No.1) Chapter No.-XVI (P-1) on the ground that the petitioner failed to report to her Supervisor/submit her six monthly progress report r before the Research Degree Committee without taking into account the fact that the petitioner had informed her Supervisor vide e-mail dated 08.08.2022 (P-9) that she was an expecting mother going through criticalities of her 2nd trimester;
iii) A writ in the nature of mandamus directing the respondent-University to create Regulations /Ordinances/appropriate legal instruments for grant of pre-natal and post-natal support and other maternity benefits to expectant mothers and new mothers who are pursuing various courses in the University, including additional chances to clear the exams in an enlarged time frame in consonance with UGC (Minimum Standards & Procedure for Awards of M. PHIL/Pd.D. Degrees) Regulations, 2009 {Regulations 4.4 (P-2) } and in particular the D.O. Letter No.21-116/2021 9CPP-II) dated 14.12.2021(P-6) issued by the Secretary of the University Grants Commission.
2. It is not in dispute that the petitioner even though did not ::: Downloaded on - 26/06/2025 21:19:33 :::CIS 3 ( 2025:HHC:19864 ) make a formal request for grant of maternity leave, but had informed the Supervisor regarding her pregnancy as is evident from the e.mail, dated 8th August, 2022, annexed with the petition as (Annexure P-9), which .
reads as under:-
"With due regards I am enclosing my Progress Report for your final perusal. As I told you on telephone that I am expecting birth of child and going through the criticalities of second trimester so unable to travel and thus unable to reach physically for submission of this report so humbly submitting it for your consideration. I will soon submit my two chapters and research papers as working simultaneously on it. I request you to please be kind as ever on my state and believe me I am sincerely working on completion."
3. It is further not in dispute that the University Grants Commission (UGC) issued notification dated 05.05.2016 relating to the 'University Grants Commission (Minimum Standards and Procedure for Award of M-PHILL/PH. D. Degrees) Regulations, 2016 (Annexure P-2), (for short "Regulations, 2016), which is binding on the respondent-
University. Therein, specific provisions have been made for grant of Maternity Leave/Child Care Leave for the women candidates upto 240 days, as is evident from Clause 4.4, which reads as under:-
"4.4 The women candidates and persons with disability (more than 40% disability) may be allowed a relaxation of one year for M/Phil and two years for Ph.D in the maximum duration. In addition, the women candidates may be provided Maternity Leave/Child Care Leave one in the entire duration of M/Phil/Ph.D for upto 240 days."
4. Yet again, it is not in dispute that the respondent-University ::: Downloaded on - 26/06/2025 21:19:33 :::CIS 4 ( 2025:HHC:19864 ) cancelled the registration of the petitioner as a Ph.D Research Scholar in its meeting held on 23.12.2022 vide order dated 11.01.2023 (Annexure P-11) without considering the factum of e-mail dated 8 th .
August, 2022 (Annexure P-9) sent by the petitioner, whereby, she had brought to the notice of Supervisor the factum of her pregnancy.
5. Once the factum of pregnancy of the petitioner had been brought to the notice of the Supervisor, then respondent-University, to say the least, was required to consider her case for grant of Maternity Leave/Child Care Leave in terms of Clause 4.4. of the Regulations, 2016 (Annexure P-2).
6. Having failed to do so, the decision rendered by the respondent-University, vide order dated 11.01.2023 (Annexure P-11) is not sustainable, hence, the same is accordingly quashed and set aside.
The respondent-University is directed to consider the case of the petitioner in light of Clause 4.4 of the Regulations, 2016 and take a decision, as expeditiously as possible and in no event later than 11.07.2025.
7. We hope and trust that the respondent-University would take a reasonable view in the matter, particularly when the maternity leave/women right to give birth to a child is now equated with the fundamental right. The respondent-University shall also take into consideration the fact that the petitioner has now completed her thesis appended with this petition as (Annexure P-17).
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8. The petition is disposed of in above terms, so also the pending application(s), if any. The other questions of law raised in this .
petition, are kept open.
( Tarlok Singh Chauhan )
Judge
( Sushil Kukreja )
l Judge
June 25, 2025
(reena) r
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