SANJIV KHANNA, SANJAY KUMAR, K. V. VISWANATHAN
Priyambada Sharma, etc. etc. – Appellant
Versus
Board of Governors In Supersession of Medical Council of India & Ors. etc. – Respondent
| Table of Content |
|---|
| 1. dr. priyambada sharma's studies (Para 2) |
| 2. permission to complete studies (Para 3) |
| 3. imposition of costs (Para 4) |
| 4. disposal of review petitions (Para 5) |
| 5. modification of previous judgment (Para 6) |
| 6. disposal of pending applications (Para 7) |
ORDER
Having heard the learned counsel for the parties and given the peculiar facts and circumstances of the case, the present review petitions deserve to be allowed to the extent that the review petitioners who have completed their studies in the month of July 2022, and were thereafter appointed and were working as Senior Residents, should not be deprived of their degrees. In other words, the degrees awarded to them, despite the judgment of this Court dated 17.10.2022 passed in the civil appeals, would be treated as legal and valid. This does not include Dr. Priyambada Sharma.
2. As far as Dr. Priyambada Sharma is concerned, it is stated that she had continued with her studies till the judgment dated 17.10.2022 was passed. In view of the said judgment, she was prevented from continuing with her further studies. It is stated that Dr. Priyambada Sharma had taken admission on 17.07.2019.
3. Keeping in view the fact that Dr. Priyam
The court upheld the validity of degrees awarded to Senior Residents and allowed a student to continue her studies, imposing costs on the authorities for prior hindrance.
The authority's decision to deny study leave based on previous usage and potential adverse impact on public healthcare services is valid and not discriminatory.
The Court emphasized that minimal deficiencies should not negate renewals for educational institutions, ensuring student admissions are preserved in public interest.
The denial of study leave to a medical officer during a pandemic is justified when based on expert assessments of public service needs, and such decisions are not subject to judicial review unless pr....
The decision to grant study leave to government servants is not a matter of right and must be considered in light of the exigencies of public service, as per Rule 50 of the Central Civil Services (Le....
The decision to deny study leave was based on the public interest and the exigencies of the services, considering the Central Civil Service (Leave) Rules, 1972, Rule 50, and the OM dated 2nd November....
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