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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PRASENJIT BISWAS
Santanu Das – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner's background and leave request. (Para 1 , 2 , 3) |
| 2. judicial review and tribunal functional status. (Para 4 , 5) |
| 3. past leave application denials. (Para 6 , 7) |
| 4. claims of discrimination by the petitioner. (Para 8 , 9) |
| 5. opposing arguments by the state. (Para 10 , 11) |
| 6. eligibility concerns based on leave history. (Para 12 , 13) |
| 7. reconsideration and outcomes of leave requests. (Para 14 , 15) |
| 8. regulations regarding study leave and eligibility. (Para 18 , 20 , 24) |
| 9. discrimination claim not substantiated. (Para 21 , 22 , 23) |
| 10. factors impacting decision on leave. (Para 29 , 30) |
| 11. writ petition dismissed. (Para 32 , 33) |
JUDGMENT :
MADHURESH PRASAD, J.
1. The writ petitioner was the applicant before the West Bengal State Administrative Tribunal (hereinafter in short referred to as the “Tribunal”). He is Doctor employed as a Professor and HOD of Radiology, thus a Senior Faculty Member in the College of Medicine and Sagar Dutta Hospital, Kamarhati, Kolkata-700 058.
2. The claim of the petitioner before the Tribunal was for grant of facility under the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public-Health-cum- A
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 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 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 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....
(1) Study Leave – No leave can be claimed as a matter of right.(2) Court cannot be oblivious to legitimate expectation of COVID-19 warriors (Doctors) to fair treatment, to enable them to pursue highe....
Probationers do not have a right to claim study leave; such leave is at the discretion of the government based on public service exigencies.
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