Policy Not To Grant Study Leave To Govt. Doctors In View Of Covid-19 Situation Cannot Continue Indefinitely, Says Supreme Court

The Supreme Court observed that the policy not to grant Study Leave to doctors working in hospitals under the Government of NCT of Delhi in apprehension of rise in COVID cases cannot continue indefinitely irrespective of changes in circumstances.

The policy has necessarily to be reviewed from time to time  and relaxed and/or modified once there is decrease in the number of COVID-19 cases, the bench comprising Justices Indira Banerjee and V. Ramasubramaniam observed while granting relief to a doctor who could not secure PG admission as he was denied study leave.

Dr. Rohit Kumar, the appellant before the Supreme Court, has been working as a Medical Officer of the Emergency and Accidents Department at the Deen Dayal Upadhyay Hospital, New Delhi. He cleared INICET-2020 and was selected for the post graduate course in PGI, a premier medical institution. But he was declined Study Leave by the Delhi Govt. authorities in view of the COVID-19 pandemic and there was also a policy decision, not to grant Study Leave to doctors working in Government hospitals in Delhi and therefore could not secure admission. Therefore, he filed a writ petition in the Delhi High Court challenging the action of not granting Study Leave to enable him to join the post graduate course at PGI, Chandigarh. Aggrieved with the dismissal of the said writ petition by the High Court, he approached the Supreme Court.

While considering his appeal, the Apex court made it clear that 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, was neither arbitrary, nor discriminatory, nor violative of Article 14 of the Constitution of India.

"At the same time, this Court cannot be oblivious to the 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.", the bench observed.

It added that doctors with higher qualifications and special knowledge in specific areas would be an asset to the medical fraternity, as also to the society.

"20. The policy decision is stated to have been prompted by predictions of rise in the number of COVID-19 cases in Delhi. The exponential rise of COVID-19 cases in Delhi in April/May, 2021 with about 25,000 new cases per day and the consequential pressure on hospitals, nursing homes, clinics and other medical establishments justify the apprehension which led to the policy decision of 20th October, 2020. 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 Article 226 of the Constitution of India.", the bench added.

While granting relief to the appellant Doctor, invoking its powers under Article 142 of the Constitution, the bench further observed:

42. The Appellant, who could not join the post graduate course, due to the denial of Study Leave by the Government pursuant to a legitimate policy decision and in response to the call of duty, cannot now be denied relief on the hyper technical ground that the Respondent Nos. 1 and 2 had not breached any rules or regulations. It would be a travesty of justice to deny relief to the Appellant, when the Appellant 16 had to make a personal sacrifice in the larger public interest, to serve the cause of humanity.

Case: Dr. Rohit Kumar vs. Secretary, Office of Lt. Governor of Delhi 

Coram: Justice Indira Banerjee and Justice V. Ramasubramanian

Counsel:Adv Geeta Luthra for appellant, Adv Sudarshan Rajan for PGI Chandigarh

Citation: LL 2021 SC 304

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