2 weeks ago
Gauhati High Court Pauses Census Duty Over Infant Care Leave
A college professor in Assam was asked to supervise part of the 2027 Census.
She also has an eight-month-old baby who needs regular care.
Her husband works in another place, so she asked for special childcare leave.
The authorities had not decided on her request before appointing her to census duty.
The Gauhati High Court temporarily stopped that appointment.
It told the district commissioner to consider her leave request within 10 days.
The court said the commissioner should consider the difficulties she described.
The professor’s leave was not automatically approved, but her census duty cannot begin until her request is reviewed.
The Gauhati High Court put an assistant professor’s Census 2027 supervisor appointment on hold.
The professor sought childcare leave from August 1 to October 29, 2026, to care for her eight-month-old son.
She said her husband works elsewhere and she is the child’s only primary caregiver, with help from a maid.
The court directed the Sonitpur district commissioner to decide her July 24 leave application within 10 days.
The court did not grant the leave itself but barred the census appointment from taking effect until the application is considered.
- Who
- An assistant professor at Rangapara College, Sonitpur district, and the Assam authorities responsible for considering her leave application.
- What
- The Gauhati High Court put her appointment as a Census 2027 supervisor on hold pending a decision on her childcare leave request.
- Where
- The case concerned Rangapara College in Balipara and the Sonitpur district of Assam.
- When
- The court order was issued on August 17, in the context of duties and leave dates in 2026; the leave was requested from August 1 to October 29, 2026.
- Why
- The professor said she needed to care for her eight-month-old son because her husband was stationed elsewhere.
Professor’s Position
Authorities’ Position
Childcare leave eligibility
Professor’s Position
The professor’s lawyers argued that her eight-month-old biological child qualifies as a minor child under the Assam State Government Employees Child Care Leave Rules, 2025, and requires constant care.
Authorities’ Position
The government’s lawyer acknowledged that employees can take childcare leave but argued that it cannot be demanded as an automatic matter of right.
Census appointment
Professor’s Position
The professor argued that her leave request should be considered before she is required to perform Census 2027 supervisory duties.
Authorities’ Position
The authorities had issued an August 13 appointment order naming her a supervisor for the 2027 House Listing and Housing Census.
Court’s immediate action
Professor’s Position
The court temporarily protected her ability to have the childcare circumstances considered before the appointment takes effect.
Authorities’ Position
The court did not order that the leave be granted; it directed the district commissioner to make an appropriate decision within 10 days.
Key facts
- Court
- Gauhati High Court
- Judge
- Justice Nelson Sailo
- Applicant’s job
- Assistant Professor at Rangapara College, Balipara, Sonitpur
- Child’s age
- About eight months
- Leave requested
- August 1 to October 29, 2026
- Leave application
- Submitted to the District Commissioner, Sonitpur, on July 24, 2026
- Court deadline
- The district commissioner must decide the request within 10 days
Sources
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