Denying Doctor Permission To Pursue Higher Studies Solely Due To 'Administrative Inconvenience' Not Sustainable: Rajasthan High Court
The Rajasthan High Court has granted interim relief to a Medical Officer who was selected for a Senior Residency Course but was not relieved from service by the State, observing that denial of permission to pursue higher studies merely on account of administrative inconvenience cannot be sustained.Justice Nupur Bhati directed the State authorities to relieve the petitioner immediately so that...
The Rajasthan High Court has granted interim relief to a Medical Officer who was selected for a Senior Residency Course but was not relieved from service by the State, observing that denial of permission to pursue higher studies merely on account of administrative inconvenience cannot be sustained.
Justice Nupur Bhati directed the State authorities to relieve the petitioner immediately so that she could join the Senior Residency Course before the last date of admission.
The petitioner, a Medical Officer in the State service, had completed her postgraduate medical degree and applied for a Senior Residency Course, which is a prerequisite for appointment as an Assistant Professor in medical colleges. Despite being selected for the course and requiring formal relief from her post to join it, the State failed to relieve her, prompting her to approach the Court.
The petitioner contended that the State's inaction jeopardised her academic advancement and career progression, and that failure to permit her to join the course would cause irreparable loss.
Opposing the plea, the State submitted that the petitioner's posting was made in public interest and due to administrative exigencies. It was argued that around 450 doctors had been selected for Senior Residency Courses and about 800 doctors for postgraduate studies, and relieving all such candidates simultaneously would severely impact healthcare services in the State.
After hearing the parties, the Court referred to the judgment of the Supreme Court of India in Dr. Rohit Kumar v. Secretary, Office of Lt. Governor of Delhi, wherein it was observed that doctors with advanced qualifications are an asset not only to the medical fraternity but also to society at large, and that after completing higher studies they return to serve public health with enhanced skills and expertise.
Taking guidance from the said decision, the Court observed that denying permission to pursue higher studies or career advancement solely on the ground of administrative inconvenience or temporary shortage of doctors, without balancing the constitutional rights of the petitioner and the long-term public interest, would not be justified.
The Court further noted that advancement in medical education ultimately strengthens the public healthcare system itself.
In this background, the Court held that the matter required consideration and issued notice to the State. Considering the imminent last date for joining the Senior Residency Course, the Court also directed the State to relieve the petitioner immediately.
Title: Dr. Vimla Kumawat v the State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 81