Child care leave can be availed even for preparing child for exams: Karnataka High Court

Rejecting the contention of the Union government that the Child Care Leave (CCL) can be granted only for the exact period of the examination schedule, the High Court of Karnataka has said that the preparatory phase preceding the examinations is equally significant and the norms impose no restriction to avail CCL for preparing the child for exams.

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

The MeitY and C-DAC had challenged the Central Administrative Tribunal’s order of allowing the plea of Kavita V., an employee in C-DAC, to avail herself of CCL till May 20 to prepare her son for two phases of CBSE exams.

She had sought CCL from December 16, 2025, to May 20, 2026, but the C-DAC had granted only 18 days of CCL from February 16 to March 7, the schedule for the first phase examinations. In its February 5 order, the tribunal had granted her leave from February 6 to May 20.

Pointing out that a bare perusal of Rule 43-C of the Central Civil Services (Leave) Rules, 1972, clearly indicates that the period of leave is not confined solely to the duration of the examination, the Bench observed that the preparatory phase preceding the examination is equally significant.

Also, the Bench made it clear that the Rule vests the government servant with the discretion to seek CCL when the child requires his or her presence and no discretion is conferred in the rules upon the employer or the competent authority to adjudicate upon the sufficiency of the reasons.

In the absence of any such power on the employer, imposing a restriction on her on the period of leave sought would be impermissible, the Bench said while dismissing the petition.