Recently, the Madras High Court granted relief to an LL.M. Student who was unable to submit her dissertation within the prescribed period due to pregnancy, childbirth and post-natal responsibilities. Finding that she had already completed all theory examinations and only the dissertation and viva voce remained, the Court permitted her to remit the dissertation fee and submit the final academic requirement. The Court held that academic timelines cannot be applied in a manner that forces women students to forgo educational opportunities because of pregnancy, childbirth or post-natal responsibilities.
The student had enrolled in the LL.M. programme during the 2019–2020 academic year. She was initially unable to appear for examinations due to a shortage of attendance and was re-admitted in the following academic year. She thereafter completed all theory papers in 2022. However, submission of a dissertation was mandatory for completing the course and obtaining the certificate evidencing completion of the LL.M. Degree Course.
The student stated that she conceived in March 2024 and subsequently gave birth to a girl child. She submitted that pregnancy, childbirth and the responsibility of caring for her newborn prevented her from preparing and submitting the dissertation within the extended period allowed under the regulations.
She sought permission to pay the dissertation fee, submit the dissertation and appear for the viva voce examination. When her representation did not result in favourable action, she moved the High Court seeking a direction to the university authorities to accept the fee and permit her to complete the remaining academic process. The case, therefore, concerned not an exemption from academic requirements, but whether a student who had completed all theory examinations could be denied a final opportunity to fulfil the dissertation requirement because pregnancy and post-natal responsibilities delayed her work.
Justice Hemant Chandangoudar observed that universities are entitled to prescribe academic standards, eligibility conditions and time limits for completion of courses. However, the Court noted that judicial interference may be warranted where the application of an academic regulation becomes arbitrary, unreasonable or results in manifest injustice. The Court held that academic rules cannot be enforced without accounting for exceptional circumstances arising from the biological and social realities experienced by women students.
The Court observed, “Educational institutions, therefore, cannot adopt a rigid or mechanical approach while dealing with such cases. Instead, they are expected to act with compassion, fairness, and sensitivity, and to provide reasonable accommodation wherever possible so that a woman student is not deprived of her educational opportunities solely on account of pregnancy, childbirth, or post-natal responsibilities.”
The Court also noted that the student had completed all theory examinations within the normal period and had become pregnant before the extended period under the regulations expired. It found that the delay in submitting the dissertation was connected to pregnancy, childbirth and post-natal responsibilities. The Bench observed that refusing her an opportunity at that stage would make years of academic effort futile and cause disproportionate hardship. It further stated, “A woman undergoing pregnancy and thereafter caring for a newborn child cannot be placed on the same footing as an ordinary student for the purpose of strict application of academic timelines.”
Holding that a balanced approach was necessary to preserve academic standards while addressing the student’s circumstances, the Court directed the Controller of Examinations and the Principal of Madurai Government Law College to permit her to remit the dissertation fee in physical or offline mode. Upon payment, the authorities were directed to receive and accept her dissertation, enabling her to proceed with the remaining process, including the viva voce examination.
Disclaimer: This news/ article includes information received via a syndicated news feed. The original rights remain with the respective publisher.
Picture Source :
