Higher studies of doctors cannot be thwarted by anyone, Madras HC relief to DNB General Surgery aspirant

Via the petition, the medico submitted and informed the court that he was appointed as Assistant Surgeon (General) and was posted at Government Primary Health Centre, Erwadi, Paramakudi Health Unit District. Since he wanted to pursue Post Graduate Course in Medical Service, he participated in the competitive examination and ultimately, he had been selected for admission to the course of Post Graduate in DNB General Surgery (Broad Speciality) and accordingly, the allotment order was given by the National Board of Examinations, according to which, the petitioner was asked to report to the allotted Institution on or before 20.08.2020.

In anticipation of such a selection, the petitioner had decided to leave his job. Accordingly, he had tendered his resignation in July already. However, it was not accepted and his certificates were not returned.

As a result, the petitioner was not able to join the allotted Institution till date for the admission to DNB course, for which he was selected. Therefore, in this regard, he had then given a representation also to the state authority and the same also since had not been considered, he submitted in his plea.

Aggrieved, the petitioner medico had moved the court seeking relief.

In response to the petition, the Counsel contending on behalf of the government submitted that according to the conditions in the appointment order, the petitioner should serve the government for three years and would not be permitted to pursue a PG medical course within two years. The said condition read:

"The individual should serve in Government for a period of not less than three years excluding any period spent on training, leave or higher education. Also, the individual should abide by the condition that after joining duty he /she will not be permitted to undergo Post Graduate course within the period of two years, excluding the period of leave"

It was submitted that within two years period, the petitioner would not be permitted to go for any PG Medical course and therefore, in the pretext of joining in the PG Course, the petitioner cannot seek for the certificates referred to in the prayer and leave from the job. The counsel added that since the petitioner is working in the Rural Health Centre in a remote area and during the COVID-19 period, basic medical facilities are to be given to the needy people in the rural area and only for the said purpose, the Government established various rural health care centres, like the Primary Health Care Centre in rural areas and accordingly, these Doctors were appointed to serve the needy people in that locality.

It was further argued that due to COVID-19 situation, since the Government is already struggling for want of more doctors and if the existing Doctors are leaving, by citing one reason or other, that would further aggravate the situation.

After hearing the submissions from both sides, the bench noted:

No doubt, now, we are passing through very difficult period in our life time, where, not only our country but the whole world, is struggling against the COVID-19 pandemic situation, where, the Doctors in the medical field, supporting staff and paramedical staff are in the forefront in the fight against COVID-19.
No doubt, the petitioner is a Doctor, who has been recently appointed and he is working in a rural area of the State. Therefore, his services is required for the betterment of the rural and needy people in that locality