Neutral Citation No. - 2025:AHC:84016-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 460 of 2025 Appellant :- Vidya Mishra Respondent :- State Of U.P. And 2 Others Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Learned Single Judge has not granted the relief prayed for in the writ petition for Child Care Leave (CCL) on the ground that such leave has hampered the cause of education. It is recorded that from 20.01.2025 to 29.03.2025, the petitioner remained on leave. Learned counsel for the appellant argues that the Director General of School Education, on 01.03.2023, clarified that the teachers working in the basic institution would be entitled to child care leave in consonance with the provisions of the Maternity Benefit Act, 1961. The appeal is opposed by Sri Srinath who submits that the grant of leave cannot be at the expense of the interest of the students. In matters where there are competing interests at play, the authorities would have to be cognizant of the rights of the parties so that none is prejudiced at the cost of others. Child care leave is a leave provided to a female teacher, recognizing her needs which arise on account of the fact that a new life has come into existence through her. Taking care of newborn child is also a concern which cannot be lost sight of. Once the Act makes specific provision in that regard, and circulars are also issued by the Director General of School Education, it would not be fair to deny consideration to an application moved by the teacher for grant of child care leave. Merely stating that it would prejudice the cause of education would not suffice. The school authorities would be expected to make some alternative arrangements so that the interest of the students are not compromised, at the same time, the right of the appellant to avail child care leave cannot be rejected as a matter of routine. In such view of the matter, we deem it appropriate to interfere in the present appeal and dispose of the matter by issuing a direction to the District Basic Education Officer to consider the pending application of the appellant for sanction of child care leave, in accordance with the applicable instructions/provisions. Such a decision would be taken within a period of two weeks from the date of presentation of the copy of this order. We also deem it appropriate to observe that the appellant shall immediately join her duties after her leave comes to an end. Order Date :- 20.5.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad