'Doctors Should Not Be Made To Run From Pillar To Post': Delhi High Court Allows Plea For Study Leave From Hospitals To Pursue PG Course

The Bench of Chief Justice DN Patel and Justice Jyoti Singh orally observed that Doctors should not be made to run from pillar to post merely for obtaining NOCs and other permissions.

It stated that grant of NOC from the hospital should be enough for the Doctors to pursue further education, and the requirement of applying for study leave separately appears to be a superfluous idea.

"NOC itself means No Objection. When there is no objection, what is the need for requiring additional compliances and making the whole process more complex?" the Chief Justice orally said.

Background

The Appellants were working as Medical Officers on regular basis in different hospitals under the aegis of Aruna Asaf Ali Hospital and Baba Saheb Ambedkar Hospital.

They had appeared for the NEET PG Examination against sponsored DNB seats, as the concerned Hospitals issued NOCs, indicating that they had no objection to their undertaking the PG course.

Following their selection in NEET PG and allotment of sponsored DNB seats in different specialities at different Hospitals, the Appellants applied to their respective Departments for grant of study leave for a period of three years and also for issuance of a relieving order and submitted the requisite Bonds.

However, no action was taken by the concerned Hospitals, which constrained the Appellants to approach the Court. The appeal was preferred after dismissal of their petition by the writ petition.

Arguments

Counsel for the Appellants vehemently argued that the Appellants were assured that upon their clearing the examination, they shall be granted study leave and relieved from the respective hospitals.

Standing Counsel Avnish Ahlawat and Advocate Mini Pushkarna for the concerned hospitals submitted that in normal course when NOCs are granted, study leave is granted to the Doctors to pursue the courses they desire to enrol in.

However, study leave was not granted to the Appellants herein on account of the pandemic, as the services of the Doctors were required at the Hospitals and on account of surge in the number of cases, Government could not spare the Doctors for pursuing the PG Courses.

Findings

The Court found merit in the contention of the Appellants that the concerned Hospitals where the Appellants are working as Doctors had granted NOCs to them and therefore, there was approval and sanction for taking admission in the PG Course.

"In any case, the seats against which the Appellants have been admitted are sponsored seats and the Appellants could only have applied with the approval of the concerned Departments," the Bench added.

It further stated that if the Appellants join the courses, it shall only inure to the advantage of the Hospitals as the Appellants would be acquiring higher education and qualifications.

"We see no reason why the concerned Hospitals should further delay the grant of study leave to the Appellants," the court said while directing the concerned Hospitals to issue the requisite orders for grant of study leave to the Appellants along with the relieving / movement orders, without any further delay.

Case Title: Dr Ruchita Ghiloria & Ors. v. Medical Superintendent & Ors.

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