The Rajasthan High Court has ruled that child care leave is similar to privileged leave and cannot be claimed as an absolute right. It may be granted for up to 120 days at the discretion of the administration, but there is no obligation to approve it for that duration.

Case Brief:

In the said matter, the bench of Justice Arun Monga was hearing a petition filed by a woman working as an Assistant Professor at Maharani Sudarshan College of Women, Bikaner. She had applied for 53 days of Child Care Leave to care for her 2-year-old child and assist her 14-year-old with his Class 10th Board Examination.

In contrast to her application for 53 days of leave, the petitioner was granted only 15 days of Child Care Leave by the State, prompting her to file a petition before the court.

The petitioner argued that according to Rule 103C(2)(xi) of the Rajasthan Service Rules, 1951, Child Care Leave could be sanctioned for a maximum of 120 days.

The Court also referred to Rule 91, which outlines the procedure for admissibility of privilege leave, and Rule 59, which states that leave cannot be claimed as a right, as the authority has discretion to refuse or revoke leave based on public service needs.

“I am of the opinion that child care leave is since akin to privileged leave, similar parameters will thus apply. Be it privileged or child care leave, as the case maybe, it cannot be claimed as a matter of unfettered right…It is thus the administrative discretion of the competent authority to look into the circumstances and, if the same so warrant, then child care leave “can be” sanctioned up to 120 days and the right to grant of the same is not to be treated and read as if the leave “has to be” granted for 120 days.” , the Court said.

In this context, the Court stated that it would refrain from substituting its discretion for that of the administrative authority, unless there was evidence of malafide, which was not present in this case. The Court further observed that the 15 days of leave likely corresponded to the duration of the petitioner's elder son's final examination, and as such, there was no illegality in the order.

Accordingly, the petition was dismissed.

Title: Suman Bishnoi v State of Rajasthan & Ors.