Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Medical Education
  • Medical Admission News
  • Denial of study leave:...

Denial of study leave: Delhi Doctor seeking MD Pediatrics admission at PGI moves Supreme Court

Dr. Shafali BakshiWritten by Dr. Shafali Bakshi Published On 2021-04-21T13:22:35+05:30  |  Updated On 21 April 2021 1:22 PM IST
Denial of study leave: Delhi Doctor seeking MD Pediatrics admission at PGI moves Supreme Court
  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

New Delhi: Challenging the dismissal of his writ petition by the Delhi High Court, a Medical officer working in the Deen Dayal Upadhyay Hospital has now approached the Supreme Court of India seeking a study leave from Lieutenant-Governor Delhi for joining the MD Paediatrics course in Post Graduate Institute of Medical Education & Research, Chandigarh (PGI).

A divisional bench of Justice Indira Banerjee and Justice Krishna Murari has directed to list the matter after the ensuing summer vacation.

Medical dialogues had earlier reported the case when the Delhi High Court refused the petitioner's challenge against the Delhi government's decision of not granting study leave to a doctor for pursuing MD paediatrics at PGI Chandigarh.

Calling the petition infructuous, the high court had said that it cannot assume the role of an appellate authority against a decision taken at the highest level of the government.

Earlier, the petitioner submitted before the High Court that he satisfied the criteria laid down for grant of study leave in the office memorandum dated November 02, 2012. The Counsel for the petitioner submitted that he was granted permission to apply for and appear as sponsored candidate in the entrance examination INI CET 2020-21 for admission to post-graduate medical courses in Post Graduate Institute of Medical Education & Research, Chandigarh. He secured a rank of 15270 from amongst 80000 candidates, who appeared.

The petitioner, after offline counseling for MD/MS course at PGI, was allotted a seat in MD (Pediatrics) course. The DDU hospital where the petitioner is working even issued the required certificate and NOC to the petitioner. The certificate clearly states that the hospital did not need a substitute for the petitioner, contended the petitioner.

However, after completing due formalities, when the petitioner submitted his study leave as per the Rules, on December 31, 2020, the respondents (Lt Governor of Delhi) deliberately delayed in granting the same to the petitioner, the counsel contended.

In the meantime, the PGI extended the last date for accepting the seat allotment to the petitioner till January 18, 2021, with a condition that in case, the petitioner fails to get the study leave by then from the concerned authority, in that case, it shall cancel the seat and allot the same to some other candidate.

It was only on his visit to the secretariat on January 08, 2021 that he came to know that his application has not been forwarded. He was orally informed that he has not been granted study leave on account of COVID-19, the counsel submitted.

The submission of the petitioner was contended by the govt. counsel citing COVID 19 pandemic and the exigencies of service.

The govt counsel stated that according to Chapter VI, Rule 50 of Central Civil Services (Leave) Rules, 1972, the government servant is not entitled to get a study leave as a matter of right. As per the said Rule, the study leave may be granted to a Government servant with due regard to exigencies of public service. Even though a Medical officer may be granted study leave for prosecuting a course of post-graduate study in Medical Science but, in the exigencies of services the Competent Authority may deny the same.

However, the petitioner had contended that study leave cannot be denied on covid grounds since the data released by the government itself reveals the situation of COVID-19 with regard to the management of pandemic and availability of beds in Delhi hospitals have improved considerably in the last couple of weeks and recently 326 Doctors have been freshly recruited as Medical Officers by the Govt. of NCT of Delhi.

Terming the reasoning given by the govt as untenable, the counsel further submitted that similarly placed Doctors were granted study leave at the time when the number of COVID cases were at the peak and the maximum number of beds were assigned for COVID patients in the hospital

The High Court in its observation had noted that the submission of the appellant, that the chance to pursue post-graduation at PGIMER is once in a lifetime opportunity for the appellant may be true, however, that does not transform into an enforceable right to seek issuance of mandamus to the respondents to accord study leaves to the Appellant.

The court further held that:

"it is clear that the Courts, in the exercise of its power of judicial review, cannot sit as an Appellate Authority over the decision taken by the administration/management. Suffice would it be to state, that the decision has been taken, giving due regard to the exigencies, which may arise in the course of administration. I am conscious of the fact that the petitioner being a meritorious candidate has a legitimate expectation to acquire a higher qualification and advance in his career but at the same time, as an employee working in the Govt. of NCT of Delhi; is bound by the Rules framed by the Government i.e. Rule 50 of the Leave Rules clearly stipulates that the grant of study leave is not a matter of right, as the same shall be granted to the government servant with due regard to the exigencies of public service."

Also Read:No study leave for Delhi Doctor to pursue MD Pediatrics at PGI

Now, challenging the verdict of the HC, the medico has approached the Supreme Court seeking relief.

The apex court's division bench has heard the plea and has directed to list the matter after the ensuing summer vacation, reports India Legal LIve.


Supreme CourtDelhi High Courtpg admissionspgimerstudy leaveDeen Dayal hospital
Dr. Shafali Bakshi
Dr. Shafali Bakshi

    Dr. Shafali Bakshi is a practicing dentist with 10 years of clinical experience. Apart from being an exceptional dental professional, she also takes pleasure in immersing herself in meticulously researching and learning about the new developments in the medical field. She has pursued her BDS from Himachal Dental College, affiliated to Himachal Pradesh University, Shimla.

    Show Full Article
    Next Story

    Editorial

    Aspirin Use in Male Smokers Aged 40-45 Years with Hypertension: Identifying the Ideal Candidates

    Aspirin Use in Male Smokers Aged 40-45 Years with Hypertension: Identifying the Ideal Candidates

    National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

    National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

    Relevance of Pioglitazone in Indian T2DM Care Continuum

    Relevance of Pioglitazone in Indian T2DM Care Continuum

    Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

    Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

    First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

    First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

    View All

    Journal Club Today

    New Nasal Deformity Classification System May Enhance Standardization in Cleft Lip and Palate Assessment: Research Shows

    New Nasal Deformity Classification System May Enhance Standardization in Cleft Lip and Palate...

    View All

    Health News Today

    Health Bulletin 03/June/2025

    Health Bulletin 03/June/2025

    View All
    © 2022 All Rights Reserved.
    Powered By: Hocalwire
    X
    We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok