The right to apply for study leave does not constitute a vested right, and the employer retains discretion to grant or deny such leave based on public service needs.

JUDGMENT :

Jyotsna Rewal Dua, J.

1. Petitioner’s request for grant of study leave for pursuing fellowship course of Abdominal Organ Transplantation in IKDRC-ITS Ahmedabad, Gujarat has been rejected by the respondents. Aggrieved, the petitioner has instituted this writ petition.

2. Facts:-

(i) Petitioner passed his MBBS course from Dr. Rajendra Prasad Government Medical College & Hospital, Kangra at Tanda in the year 2011. He wasappointed as Medical officer in the respondent-Health Department in June, 2011. His services were regularized as such in the year 2012. Petitioner joined Post Graduate Degree Course in General Surgery in IGMC, Shimla in the year 2015. He completed the said degree course in June, 2018 and thereafter was posted as Medical Officer at Zonal Hospital, Mandi.

(ii) On 17.12.2019, petitioner joined as Senior Resident in IGMC, Shimla. On completion of his residency, he was posted as Medical Officer in Civil Hospital, Sarkaghat, District Mandi. On 21.08.2023, petitioner again joined as Senior Resident (Paediatrics) now in Atal Institute of Medical Super Specialty (AIMSS), Chamiana, Shimla.

(iii) Petitioner was interested in doing super- speciality in Abdominal Organ Transplantation and therefore, applied for fellowship course of Abdominal Organ Transplantation in IKDRC-ITS Ahmedabad, Gujarat for academic year 2024-25. Petitioner also applied for issuance of No Objection Certificate to respondent No.2-Director Health Services, Himachal Pradesh for doing the above fellowship programme on 18.10.2024.

(iv) Petitioner has projected that he has been selected for admission in fellowship programme in Abdominal Organ Transplantation in the Institute of Kidney Diseases and Research Centre, Ahmedabad for the academic year 2024-25. On receipt of admission order, petitioner applied to respondent No.2 on 08.11.2024 for grant of study leave for three years for joining the aforesaid fellowship programme. The Principal, AIMSS Chamiana-respondent No.3 forwarded petitioner’s application for study leave to respondent No.2 on 02.12.2024 with the recommendation that the fellowship programme would be beneficial to the State in larger public interest. Petitioner’s grievance is to the decision of respondents No.1 and 2, as communicated to him on 09.12.2024 (Annexure P-15), conveying rejection of his application for grant of study leave. Hence, the present writ petition.

3. Contentions:

(i) Learned Senior Counsel for the petitioner has contended that petitioner’s admission into and completion of fellowship course of Abdominal Organ Transplantation would be in the larger public interest. It is for this reason, respondent No.3 had recommended petitioner’s case for grant of study leave. Respondents No.1 and 2 have unlawfully rejected petitioner’s application for study leave.No reasons have been accorded while rejecting petitioner’s application.Learned Senior Counsel also invited attention to notification dated 07.08.2024 (Annexure P-16), whereby the respondent-State had amended the Central Civil Services (Leave) Rules, 1972 [in short ‘CCS (Leave) Rules’] to contend that the petitioner ought to have been granted study leave. Learned Senior Counsel also highlighted the PG/Super Speciality Policy notified by the respondent-State on 27.02.2019 (Annexure PR-1), in particular, Clause 11.1.2 thereof and submitted that the State needs services of Super Specialists to improve its health care facilities, hence, rejection of study leave to the petitioner for undertaking super specialty course was not proper.

(ii) Respondents in their common reply, have taken a stand that since the State/respondent-Department is facing acute shortage of Medical Officers (Specialists), therefore, after due consideration, petitioner’s request for grant of study leave was rejected and the same was accordingly conveyed to him vide letter dated 09.12.2024.

4. Heard learned counsel for the parties and considered the case file:

(i) Petitioner claims study leave for a period of three year