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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SUSAN K. JOHN – Appellant
Versus
NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES, (NBEMS) – Respondent
JUDGMENT
Petitioner seeks for a direction to grant special leave of 47 days and corresponding extension of her training period to enable the completion of her super specialty course. Petitioner also seeks for a declaration that Clause 7(c) of Ext.P4 Rules will not apply to her since she was admitted to the super specialty course on 14.12.2022 while Ext.P3 Rules were in force. A further direction is sought to quash Ext.P8 and Ext.P10 communications refusing to sanction her leave as sought for by her and further to quash Ext.P6 communication.
2. Petitioner completed her MBBS course as well as her MD in General Medicine. She was selected in the NEET Super Speciality Examination of 2022 (NEET-SS) and allotted the DrNB course in Nephrology with the 4th respondent Medical institution where she joined on 14.12.2022. While the petitioner was undergoing her Super Speciality Course, she availed a maternity leave from 23.05.2023 to 22.11.2023 i.e., 184 days, when she gave birth to her second child and a few other days of leave, thereby totalling to 207 days of leave in the year. While so, petitioner contracted 'Stage IV High Grade B-Cell Lymphoma' which was a serious and aggressive form of bloo
Maternity leave cannot be counted against leave limits for trainees, and courts can intervene in exceptional health circumstances to allow leave extensions beyond standard rules.
The court emphasized the importance of considering the peculiar facts and circumstances of the case and directed NBE to grant appropriate extension in accordance with the Leave Rules for DNB/FNB Trai....
If in opinion of Government, there is a severe shortage of nurses due to which after joining service, nurse cannot be granted extension to join service as leave to contractual leave employee otherwis....
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 established that probationers may be granted study leave under extraordinary circumstances, despite general restrictions, and that differential treatment of similarly situated individuals i....
Employees are entitled to study leave as per CCS (Leave) Rules if eligibility criteria are met, and the authority cannot arbitrarily deny this entitlement once it has been established.
The court emphasized that administrative decisions must be reasoned, and the absence of a speaking order invalidates the denial of study leave under the CCS Rules.
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