NEW DELHI: The Delhi High Court on Thursday held that employees of unaided private schools in the capital are entitled to child care leave benefits on par with teachers and staff working in government schools.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia passed the order while allowing a petition filed by Sangeeta Negi, a teacher at Bharti Public School, a recognised but privately managed unaided institution. Negi had sought CCL from May 1 to September 30, 2025, stating that her son, a Class XII student, was under academic pressure and required parental care and support. Her plea was earlier dismissed by a single judge bench on August 8, 2025.
Setting aside the earlier order, the division bench observed that Rule 111 of the Delhi School Education Act grants leave benefits to employees of recognised private schools at par with employees holding corresponding status in government schools.
The court said the benefit of child care leave would therefore also apply to employees of recognised unaided and privately managed schools in Delhi. Referring to an earlier judgment, the bench noted that child care leave was introduced not merely as a service benefit but as a measure serving a larger societal purpose linked to family life and child welfare under Article 21 of the Constitution.
The court further observed that public employers should ordinarily not deny child care leave to mothers unless there are compelling and overriding public interest reasons. It added that discretion in granting such leave should be exercised liberally while keeping in mind the objective and purpose behind the policy. Allowing the appeal, the bench said the impugned order of the single judge was liable to be set aside, thereby granting relief to the petitioner.
