[2026:RJ-JP:1460] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18810/2025 Kavita Deval Daughter Of Umed Singh Deval Wife Of Kuldeep Singh, Aged About 36 Years, Resident Of D-20 Dev Nagar Murlipura, District Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Education, Government Of Rajasthan Secretariat, Jaipur. 2. The Director, Secondary Education Department, District Bikaner Rajasthan. 3. Chief Block Education Officer, Office - Jalsu District Jaipur Rajasthan. 4. Principal, Government Higher Secondary School, Radhakishanpura (Jalsu) District Jaipur Rajasthan. ----Respondents For Petitioner(s) : Mr. Nitin Jain with Mr. Vaibhav Pareek For Respondent(s) : Ms. Pooja Sharma with Mr. Vishal Kumar for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/01/2026 1. Learned counsel for the petitioner has relied upon Rule 103 of the Rajasthan Service Rules, 1951, which defines and governs maternity leave. It is further submitted that the petitioner had delivered her second child; however, the child unfortunately did not survive and expired on 11.12.2022 i.e. the date of delivery. It is further submitted that when the petitioner subsequently conceived a child and applied for maternity leave for [2026:RJ-JP:1460] (2 of 2) [CW-18810/2025] the third time, no response was accorded by the respondents. It is submitted that the petitioner thereafter delivered a child on 01.12.2025. It is further submitted that in terms of the Rules, maternity leave of 180 days is to be granted from the date of its commencement. 2. In the facts and circumstances of the case, learned counsel for the respondents is not able to refute the fact that the petitioner had applied for maternity leave on 27.09.2025. Learned counsel has also not disputed the said fact. It is further submitted by learned counsel for the respondents that the petitioner has availed medical leave from December, 2025, which may be treated as maternity leave. 3. Heard and considered the submissions made, and perused the material available on record. 4. In view of the foregoing facts and circumstances, it is directed that the medical leave, availed by the petitioner, be converted and treated as maternity leave, as per the provisions of the relevant Act, Rules and governing statute. The same shall continue for a period of 180 days. 5. Accordingly, present petition is allowed. The order dated 15.11.2025 is hereby quashed and set aside. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/s-273