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SUPREME COURT OF INDIA
Indira Banerjee, V. Ramasubramanian, JJ.
DR. ROHIT KUMAR – Appellant
Versus
SECRETARY OFFICE OF LT. GOVERNOR OF DELHI AND ORS. – Respondent
Civil Appeal No. 2739 of 2021 (Arising Out of SLP (C) No. 3824 of 2021)
Decided on : 15-07-2021
(A) Service Law – Study Leave – Even though Appellant cleared INICET-2020 and was selected for post graduate course in PGI, a premier medical institution, he was declined Study Leave by Respondent No.1 in view of COVID-19 pandemic and consequential policy decision adopted on 20th October 2020, not to grant Study Leave to doctors working in Government hospitals in Delhi – Even though Appellant cleared INICET-2020 and was selected for post graduate course in PGI, a premier medical institution, he was declined Study Leave by the Respondent No.1 in view of COVID-19 pandemic and consequential policy decision adopted on 20th October 2020, not to grant Study Leave to doctors working in Government hospitals in Delhi – No leave can be claimed as a matter of right – Concerned Respondents have acted within parameters of law in declining Study Leave to Appellant in teeth of COVID-19 pandemic, when doctors were urgently required in Government hospitals, to treat COVID-19 patients – Fact that some doctors may have been granted Study Leave after spread of COVID-19 cases in Delhi, did not debar Government from taking a policy decision not to grant Study Leave to doctors any further, when exigencies necessitated such a decision. [CCS (leave) Rules, 1972 – Rule 50] (Paras 11, 15 and 19)
(B) CCS (leave) Rules, 1972 – Rule 50 – Denial of Study Leave to Doctor – Prudence of and/or justification for policy decision cannot be examined by Court in exercise of its extraordinary power of judicial review under Article 226 of Constitution of India – Policy decision not to grant Study Leave to doctors for a certain length of time, in apprehension of a rise in COVID-19 cases, to ensure availability of as many doctors, as possible for duty, is neither arbitrary, nor discriminatory, nor violative of Article 14 of Constitution of India – At the same time, Court cannot be oblivious to legitimate expectation of COVID-19 warriors like Appellant to fair treatment, in conformity with Service Rules by which they are governed, to enable them to pursue higher education and enhance their educational qualifications – Doctors with higher qualifications and special knowledge in specific areas would be an asset to medical fraternity, as also to society – Policy decision taken on 20th October, 2020, not to grant further Study Leave to doctors working in hospitals under Government of NCT of Delhi in apprehension of rise in COVID cases, is a temporary one – Policy cannot continue indefinitely irrespective of changes in circumstances – Policy has necessarily to be reviewed from time to time and relaxed and/or modified once there is decrease in number of COVID-19 cases in NCT of Delhi – COVID-19 situation in Delhi is now under control – Application of Appellant for Study Leave should be reconsidered – Appellant could not join Post Graduate Course for no fault of his own, as his services were required in public interest, for the cause of humanity, to save lives – Admission to Post Graduate Course was closed on 31st January, 2021 and classes commenced soon thereafter – Appellant continued to render service to Government of NCT of Delhi – Now that COVID-19 situation in Delhi is under control, Government of NCT of Delhi should, as a model employer, make an endeavour to see that Appellant is not deprived of fruits of his success in INICET 2020 and is able to pursue post graduate studies – In rare and exceptional cases, a meritorious candidate, who has suffered injustice by reason of his/her inability to secure admission in a medical course, whether under-graduate or postgraduate, due to no fault of his/her own, who has taken recourse to law promptly, without delay, might be granted relief of being accommodated in same post in next session – Appellant was not granted Study Leave from concerned Respondents, for reasons not attributable to him – Appellant, who could not join post graduate course, due to denial of Study Leave by Government pursuant to a legitimate policy decision and in response to call of duty, cannot now be denied relief on hyper technical ground that Respondents had not breached any rules or regulations – It would be a travesty of justice to deny relief to Appellant, when Appellant had to make a personal sacrifice in larger public interest, to serve cause of humanity – Respondent No. 1 shall re-consider application of Appellant for Study Leave – These directions are being passed in exercise of power of this Court under Article 142 of Constitution of India and this order will not be treated as a precedent. (Paras 20, 21, 22, 24, 25, 26, 33, 38, 41, 42, 43 and 44)
(C) Constitution of India – Articles 141 and 142 – Binding Precedent – A Judgment is an authority for issue of law which is raised and decided – What is binding on courts is what Supreme Court decides under Article 141 and not what Supreme Court does under Article 142, in exercise of its power to do complete justice in any cause or matter pending before it.(Para 35)
Facts of the case:
Present appeal has been filed by the Appellant against a final judgment and order dated 12-02-2021 passed by a Division Bench of Delhi High Court dismissing the appeal, being L.P.A. No.52/2021, of the Appellant against an order dated 02-02-2021 passed by Single Bench dismissing the writ petition being WP(C) No.499 of 2021 filed by the Appellant. Appellant had filed a writ petition in the Delhi High Court challenging the action of the Respondent No. 1 in not granting Study Leave to the Appellant to enable him to join the post graduate course at PGI, Chandigarh. The said writ petition was dismissed by a Single Bench of the High Court, and an appeal therefrom, filed by Appellant, has been dismissed by the Division Bench of the High Court, by the judgment and order impugned in this appeal.
Findings of Court:
Since seat in the Post Graduate Course in PGI Chandigarh which remained unfilled due to the inability of the Appellant to join has been carried over to the July 2021 session which is yet to commence, and re-advertised, this Court deems it appropriate to direct PGI, Chandigarh, being Respondent No. 3 to admit Appellant to the post graduate course scheduled to commence in July 2021, on the basis of INICET 2020, which he has successfully cleared. Respondent No. 1 shall re-consider the application of Appellant for Study Leave, taking into consideration the decline in COVID-19 cases in NCT of Delhi, and take a reasonable decision in favour of the Appellant. Unless there is a substantial rise in COVID-19 cases, the leave application of the Appellant shall not be declined.
Result : Appeal disposed of with directions.
JUDGMENT
Indira Banerjee, J.
Leave granted.
2. This appeal has been filed by the Appellant against a final judgment and order dated 12-02-2021 passed by a Division Bench of the Delhi High Court dismissing the appeal, being L.P.A. No.52/2021, of the Appellant against an order dated 02-02-2021 passed by the Single Bench dismissing the writ petition being WP(C) No.499 of 2021 filed by the Appellant.
3. The Appellant, a doctor, who joined service of the Government of National Capital Territory (NCT) of Delhi, on 5th August 2014, is presently posted as Medical Officer of the Emergency and Accidents Department at the Deen Dayal Upadhyay Hospital, New Delhi.
4. The Appellant has duly completed five years of regular and continuous service with the Government of NCT of Delhi and is thus eligible to avail Study Leave to pursue the post graduate course, in accordance with the Directives and Guidelines of the Ministry of Health and Family Welfare, Government of India issued vide O.M.A.12034/0312012-CHS-V dated 2nd November, 2012, the relevant portion whereof, is extracted hereinbelow:
5. On or about 14th October 2020, the Appellant was duly granted permission to apply for and appear at the INICET-2020, a highly competitive examination for admission to the MD/MS courses in some of the premier medical institutions of the country, such as All India Institute of Medical Sciences (AIIMS), New Delhi, the Post Graduate Institute of Medical Education and Research (PGI), Chandigarh, etc.
6. The results of the INICET-2020 were declared on 28th November, 2020. The Appellant successfully cleared the Examination and was, accordingly called by PGI Chandigarh for counselling for admission to the MD/MS course, by a notice dated 24th December, 2020. The Appellant duly participated in the off-line counselling for the MD/MS course at PGI, Chandigarh on 29th December, 2020, and was allotted a seat in the MD course in Paediatrics.
7. The authorities of Deen Dayal Upadhyay Hospital duly issued the required 'No Objection Certificate' to the Appellant to enable the Appellant to pursue the post graduate course in Paediatrics at PGI, Chandigarh. After completing all the requisite formalities, the Appellant applied to the Respondent No.1 for Study Leave as per the Rules, to enable him to join the MD course in Paediatrics at the PGI, Chandigarh. In the meanwhile, on or about 20th October 2020, a policy decision was taken, not to grant any further Study Leave to the doctors working in the hospitals of the Government of NCT of Delhi, in view of the COVID-19 pandemic.
8. Another Office Order dated 22-10-2020 was issued by the Government of NCT of Delhi, Health and Family Welfare Department (Medical Branch), which is extracted herein below for convenience: -
9. By an order dated 22nd January 2021, the Respondent No.1 rejected the application of the Appellant for Study Leave, having regard to the policy decision taken by the Government on 20th October, 2020 and the subsequent order dated 22nd October, 2020. On 31st January, 2020, admission to the post graduate courses in PGI, Chandigarh, for the 2020 session was closed, and the allotment of the Post Graduate seat to the Appellant was cancelled.
10. The Appellant had filed
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