Denying study leave to nurses for PG courses while allowing doctors in discriminatory: HP HC

Shimla: In a recent order, the Himachal Pradesh High Court observed that denying study leave to Staff Nurses willing to pursue postgraduate courses in Nursing, while allowing Medical Officers to pursue postgraduate studies as in-service candidates, is discriminatory.

The HC bench of Justice Jyotsna Rewal Dua remarked that if postgraduate qualifications obtained by Medical Officers are considered beneficial for public in general, the same logic would also apply to Nurses pursuing higher studies in their own professional field.

"In case a Medical Officer can be granted study leave for pursuing a post-graduate degree/course as an in-service candidate, it defies logic as to why a nurse cannot be granted study leave for undertaking post-graduate course in Nursing. If, according to the respondents, a post-graduate degree obtained by Medical Officers will advance public interest in discharge of their duties, the same analogy would also hold good for the post-graduate degree obtained by Nurses," observed the bench.

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These observations were made by the Himachal Pradesh High Court bench while considering the pleas filed by two contractual staff nurses, who were appointed on May 19, 2021, and their services were regularised on November 10, 2023.

They secured admission to M.Sc. Nursing courses for the academic session 2026-2027 as in-service candidates and thereafter applied for No Objection Certificates (NOCs) and study leave. 

However, their requests were rejected by the Government through a communication dated October 3, 2026. Allegedly, the same benefit was extended to eight other Staff Nurses. Aggrieved, the petitioners moved the High Court.

According to a Live Law report, the HC bench held that the contractual service of the petitioners was required to be counted towards the five-year qualifying period for study leave under Rule 50 of the Central Civil Services (Leave) Rules, 1972. Further, the bench also rejected the State's distinction made between the Medical Officers and Staff Nurses.

In this regard, the bench observed that the postgraduate education in Nursing would also advance public interest. Further, the bench noted that eight similarly situated Staff Nurses had been granted study leave, making the denial to the petitioners discriminatory.

Accordingly, the bench quashed the State's decision and directed the authorities for granting NOCs to the petitioner nurses and also grant them study leave for pursuing M.Sc. Nursing for the 2026–2027 academic session.

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