Exam preparation counts too: Karnataka High Court upholds full Child Care Leave for mother

Court rejects Centre’s plea, says Child Care Leave is not limited to exam dates; preparation time equally important

In a significant ruling on Child Care Leave (CCL), the High Court of Karnataka has clarified that leave taken to support a child during examinations is not limited only to the exact exam dates, but can also include the preparation period before the exams.

A Division Bench comprising Justice S.G. Pandit and Justice K.V. Aravind passed the order while dismissing a petition filed by the Union Ministry of Electronics and Information Technology (MeitY) and the Bengaluru-based Centre for Development of Advanced Computing (C-DAC).

The petition challenged an earlier order of the Central Administrative Tribunal (CAT), which had allowed Kavita V., an employee of C-DAC, to avail Child Care Leave until May 20 to help her son prepare for two phases of Central Board of Secondary Education examinations.

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Kavita had initially applied for CCL from December 16, 2025, to May 20, 2026. However, C-DAC approved only 18 days of leave, from February 16 to March 7, corresponding to the first phase of the examination schedule. In its order dated February 5, the tribunal allowed her leave from February 6 to May 20.

Before the High Court, the Union government argued that CCL should be confined strictly to the examination period. However, the Bench rejected this contention.

Referring to Rule 43-C of the Central Civil Services (Leave) Rules, 1972, the court observed that the rule does not restrict Child Care Leave only to the days of examination. The judges stated that the preparatory phase before exams is equally important for a child and may require the presence of a parent.

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The court further clarified that the rule grants discretion to the government servant to seek CCL when the child requires his or her presence. It noted that the rules do not confer any authority on the employer or competent authority to assess whether the reasons for leave are sufficient.

In the absence of such power, the Bench said, imposing restrictions on the period of leave sought by the employee would be legally impermissible. With these observations, the High Court dismissed the petition filed by MeitY and C-DAC.