No study leave for Delhi Doctor to pursue MD Pediatrics at PGI
Delhi: Dismissing the plea as infructuous, the Delhi High Court has refused the challenge against the Delhi government's decision of not granting study leave to a doctor for pursuing MD pediatrics at PGI Chandigarh.
The high court has clarified that it cannot assume the role of an appellate authority against a decision taken at the highest level of the government.
The high court made the judgment while considering a plea filed by the petitioner who sought a direction against the Delhi government to grant him study leave for pursuing an MD course in pediatrics from the Postgraduate Institute of Medical Education and Research, Chandigarh (PGIMER).
Even on the case of discrimination, it is for the Administration/Management to take into account the contingencies that may arise in the course of administration. The services of an employee may be required in a given case on more emergent basis vis- a-vis other employees. In such cases the services rendered by an employee, his seniority, the nature of work which he is required to do, his responsibilities etc. are required to be taken into account while taking decision on such applications.
I note that it is the submission of Mrs. Ahlawat that the case of the petitioner is not a solitary case as there are many other Doctors, who have also applied for grant of study leave shall seek similar benefit is appealing. 19. In view of my discussion above, this Court is of the view that in view of the judgment of the Supreme Court in the case of State of Punjab & Ors. (supra) when the decision has been taken at the highest level in the Government, this Court cannot sit as an Appellate Authority over such a decision. In the facts of this case, I do not see any reason to interfere with the decision of the respondents not to grant study leave to the petitioner. The writ petition is dismissed.