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1 - 10 of 15 (0.26 seconds)The Maternity Benefit Act, 1961
Article 14 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Article 15 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Vandana Kandari vs University Of Delhi on 12 July, 2010
10. This Court finds that in the case of Vandana Kandari
Vs. University of Delhi reported in MANU/DE/1614/2010,
the student whose shortage of attendance on account of
advance stage of pregnancy was not condoned by the
University, filed a writ petition before the Delhi High Court and
after referring to the decision of Hon'ble High Court of Madras in
the case of Nithya Vs. University of Madras & Ors. reported
in AIR 1995 MAD 164 and also the decision of the Delhi High
Court in Neera Gupta Vs. University of Delhi reported in
1996 IVAD Delhi 337 taking note of Articles 15(3) & 42 of the
Constitution of India, the Delhi High Court held that a female
student cannot be deprived of her right to take examination,
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[2023:RJ-JD:35469] (22 of 23) [CW-5769/2020]
when her shortage of attendance is due to advanced stage of
pregnancy and that such students deserve relaxation under the
mandate of the Constitution so that the natural biological
process does not act as a hindrance to the education and
employment of women. Therefore, depriving the petitioner from
sitting in the examination on account of shortage in the
attendance occasioned due to pregnancy cannot be taken to be
in consonance with Article 14 and 21 of the Constitution of
India.
Nithya vs University Of Madras, And Others on 14 September, 1994
10. This Court finds that in the case of Vandana Kandari
Vs. University of Delhi reported in MANU/DE/1614/2010,
the student whose shortage of attendance on account of
advance stage of pregnancy was not condoned by the
University, filed a writ petition before the Delhi High Court and
after referring to the decision of Hon'ble High Court of Madras in
the case of Nithya Vs. University of Madras & Ors. reported
in AIR 1995 MAD 164 and also the decision of the Delhi High
Court in Neera Gupta Vs. University of Delhi reported in
1996 IVAD Delhi 337 taking note of Articles 15(3) & 42 of the
Constitution of India, the Delhi High Court held that a female
student cannot be deprived of her right to take examination,
(Downloaded on 12/11/2023 at 08:12:38 AM)
[2023:RJ-JD:35469] (22 of 23) [CW-5769/2020]
when her shortage of attendance is due to advanced stage of
pregnancy and that such students deserve relaxation under the
mandate of the Constitution so that the natural biological
process does not act as a hindrance to the education and
employment of women. Therefore, depriving the petitioner from
sitting in the examination on account of shortage in the
attendance occasioned due to pregnancy cannot be taken to be
in consonance with Article 14 and 21 of the Constitution of
India.