In a decision that puts student welfare at the centre of higher education, the Madhya Pradesh High Court at Jabalpur has granted relief to a BUMS student who was denied the chance to sit for her exams due to low attendance after childbirth. The court directed the college to declare her second-semester result and allow her to move ahead in her course, calling the case a “special” one that deserved flexibility.
The order was passed on February 2, 2026, by a division bench of Justice Vivek Rusia and Justice Pradeep Mittal while hearing a writ petition filed by Rumaisa Arwa against the State of Madhya Pradesh and others.
Background of the Case
Rumaisa Arwa took admission in 2022 in the BUMS course at Hakim Syed Ziaul Hassan Government Autonomous Unani College in Bhopal. She cleared her first-year exams and then joined the second year. During this time, she got married and became pregnant.
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She gave birth to a child on November 20, 2024. After that, she applied for maternity leave. The college considered her request but granted only a 10% relaxation in attendance. Because her total attendance came to 56.64%, well below the required 75%, she was not allowed to appear in the examination.
Left with no option, she approached the High Court. During earlier hearings, the court had passed an interim order that allowed her to sit for the exam, but her result was not declared. By the time the final hearing took place, she had already started attending the third semester classes.
The State and the college told the court that rules require at least 75% attendance to appear in exams. They pointed out that the student was short of this requirement and that the institution had already given her a 10% relaxation as a one-time measure.
They also informed the court that she was allowed to take the exam only because of the interim order passed earlier.
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Court’s Observations
The bench took note of a 2021 letter issued by the University Grants Commission (UGC), which asked educational institutions to frame policies for maternity and child care leave for female students. The court observed that, in this case, no such policy had been framed by the authorities.
Referring to an earlier Delhi High Court ruling in Renuka v. University Grants Commission, the bench underlined that the right to maternity leave should not be limited only to workplaces.
“The court observed that there is no reason not to extend such principles to women who want to pursue higher studies,” the order noted. The judges added that marriage and pregnancy should not become barriers to completing education.
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The bench went a step further and said that if needed, colleges should provide study material or extra classes during pregnancy or after delivery, and even consider child care leave “as far as possible.”
Decision
Calling it a “special case,” the High Court allowed the petition and granted relaxation in the attendance requirement up to the needed 75%.
The court directed the college to declare the petitioner’s second-semester result. It also ordered that if she has passed, she must be permitted to take admission in the third semester. No order was passed on costs.
Case Title:- Rumaisa Arwa vs State of Madhya Pradesh & Others
Case Number:- Writ Petition No. 5457 of 2025
Date of Decision:- 2 February 2026
