Grant of study leave for doctors is not an absolute right and may be denied based on public service exigencies, especially during emergencies like a pandemic.

Headnote:(A) Central Civil Services (Leave) Rules, 1972; National Eligibility Cum Entrance Test-PG 2020 - Writ petitions challenging refusal of medical authorities to grant study leave - Court found that such leave is not a matter of right and can be denied based on exigencies of public service, especially during COVID-19 pandemic - Petitioners received No Objection Certificates but were later denied leave, which the court found unjustified as the authorities had previously acknowledged their eligibility for the program - Court ruled that the last date for joining medical courses had lapsed, leaving no recourse for relief. (Paras 1-13)

(B) Judicial Review - Court stated it cannot override the management's decision based on exigencies of public service, despite legitimate expectations of employees for career advancement. (Paras 12, 14)

Table of Content
1. petitioners' request for study leave. (Para 4 , 5 , 6)
2. administrative authority and study leave entitlement. (Para 8 , 9 , 10)
3. court's dismissal of the petitions. (Para 12 , 13)

JUDGMENT

Jayant Nath, J. (Oral)--This hearing is conducted through video-conferencing.

Learned counsel for Govt. of NCT of Delhi states that an identical matter being WP(C) 499/2020 titled as "Dr. Rohit Kumar vs. Lt. Governor of Delhi & Ors." has been dismissed by a Coordinate Bench of this court on 02.02.2021 against which an LPA was filed before the Division Bench. It is submitted that the Division Bench has reserved order in the said LPA.

2. Mr. Kirti Man Singh, learned counsel appearing for the respondent NBE has pointed out that at this stage, in any case the petitioners cannot be allowed to join the medical colleges as the time to join has lapsed.

3. At this stage, it was put to learned counsel for the petitioners that it would be appropriate for this court to await the judgment of the Division Bench. However, learned counsel for the petitioner emphatically and loudly urged that this court must pass judgment this way or that way today itself. Due to the loud insistence of the learned counsel for the petitioners, I proceed to decide the present petitions.

4. I may note that on 14.10.2020 this court had passed a detailed order in W.P. (C) 5987/2020 which contains the entire factual and legal narration of background facts and issues of the present cases. For the sake of convenience, I may refer to the said order. The same reads as follows:-

"This hearing is conducted through video conferencing.

1. This writ petition is filed by the petitioners seeking a direction to senior director of respondent No.2 to reserve the allotted seats of petitioners No.1 to 3 and also to direct respondent No.1 to give relieving certificate and study leave to petitioners No.1 to 3 to join the sponsored seats.

2. Essentially the dispute is that the petitioners pursuant to the National Eligibility Cum Entrance Test-PG 2020 (NEET PG 2020) have been selected for sponsored DNB seats (Post MBBS and Post Diploma). However, respondent No.1, namely, Aruna Asaf Ali Govt. Hospital and respondent No.3, namely, Govt. of NCT of Delhi are not releasing the petitioners to join the seats for which they have been selected.

3. The case of the petitioners is that they have appeared in the said exam in November/December, 2019. The result of the exam was declared on 31.01.2020. The petitioners secured high ranks. The candidates who fulfil the eligibility criteria were to submit an undertaking and an NOC from their present employer to respondent No.2 latest by 30.06.2020. Petitioners No.1 to 3 were working as medical officer on regular basis in Aruna Asaf Ali Hospital/respondent No.1. They asked their department to provide the NOC and undertaking in the prescribed format of respondent No.2. The last date for submitting the said NOC and undertaking was extended to 10.07.2020. On 08.07.2020 petitioners No.1 to 3 received the NOC and undertaking as per prescribed format and filed the same on 09.07.2020.

4. On 24.08.2020 petitioner No.1 was selected for the said sponsored seat and was allotted sponsored DNB(Post MBBS) General Medical (Broad Speciality) at Deen Dayal Upadhyaya Hospital; petitioner No.2 was allotted Orthopedic Surgery Seat in Saifee Hospital Mumbai and petitioner No.3 was allotted General Medicine seat at Northern Railway Central Hospital, Delhi. Respondent No.2 had asked the petitioners to physically join their allotted seats on 31.08.2020. The aforesaid time period has now been extended upto 15.10.2020.

5. The petitioners thereafter applied for grant of study leave and also requested for relieving order for joining their respective courses. It is the case of the petitioners that the allotted sponsored seat is an enhancement in the technical skill of the petitioners and it would enhance their knowledge and after this course they can serve the institution