Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Educational institutions Medical admission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Education/Educational institutions – Medical admission – Post graduate (PG) course – Appellant was a government doctor – He was granted permission to apply for and appear at the INICET- 2020 for admission to MD/MS course – He successfully cleared the examination and on 29.12.2020 was allotted a seat in the MD course – Authorities duly issued NOC to pursue PG course – After completing all the formalities, appellant applied to respondent no.1 for Study Leave – Meanwhile on 20.10.2020, a policy decision was taken not to grant any further study leave to doctors working in the government hospitals in view of the COVID-19 pandemic – Another office order dated 22.10.2020 was issued by Government of NCT of Delhi that in view of prevailing situation of COVID-19 in NCT of Delhi, it was not feasible in public interest to spare services of government doctors to pursue PG course – By order dated 22.01.2021, respondent no. 1 rejected the application of the appellant for Study Leave in view of policy decision dated 20.10.2020 and order dated 22.10.2020 – On 31.01.2021, admission to PG course for 2020 session was closed and allotment of PG seat to appellant was cancelled – Appellant unsuccessfully filed writ petition before High Court – On appeal, held: The policy decision not to grant Study Leave to doctors for a certain length of time, in apprehension of a rise in COVID-19 cases to ensure the availability of as many doctors, as possible for duty, is neither arbitrary, nor discriminatory, nor violative of Art.14 of the Constitution of India – In any case the prudence of and/or justification for the policy decision cannot be examined by the Court in exercise of its extraordinary power of judicial review under Art.226 of the Constitution of India – At the same time, there is legitimate expectation of COVID-19 warriors like the appellant to fair treatment, in conformity with the Service Rules by which they are governed, to enable them to pursue higher education and enhance their educational qualifications – Appellant could not join PG course for no fault of his own, as his services were required in public interest, for the cause of humanity, to save lives – He continued to render service treating patients at the Government Hospital – Now that the COVID-19 situation in Delhi is under control, the Government of NCT of Delhi should, as a model employer, make an endeavour to see that the appellant is not deprived of the fruits of his success in the INICET 2020 and is able to pursue PG studies – It would be a travesty of justice to deny relief to the appellant, when he had to make a personal sacrifice in the larger public interest, to serve the cause of humanity – Since the seat in the PG Course in PGI Chandigarh which remained unfilled due to the inability of the appellant to join has been carried over to the July 2021 session which is yet to commence, and re-advertised, the PGI, Chandigarh is directed to admit the appellant to the PG course scheduled to commence in July 2021, on the basis of INICET 2020, which he had successfully cleared – Respondent No. 1 shall re-consider the application of the appellant for Study Leave, taking into consideration the decline in COVID-19 cases in NCT of Delhi, and take a reasonable decision in favour of the appellant – Unless there is a substantial rise in COVID-19 cases, the leave application of the appellant shall not be declined – Constitution of India – Art.142. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2021 INSC 336 |
Petitioner | Dr. Rohit Kumar |
Respondent | Secretary Office Of Lt. Governor Of Delhi & Ors. |
SCR | [2021] 6 S.C.R. 644 |
Judgement Date | 2021-07-15 |
Case Number | 2739 |
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