Administrative discretion to deny leave for higher studies must be exercised consistently and rationally. Shifting justifications for rejection, coupled with a failure to consider institutional benefits or past precedents, render such decisions arbitrary and violative of constitutional guarantees of equality and non-arbitrariness.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA Writ Petition No.10934 of 2026 Date of Order : 27.04.2026 BETWEEN :

Dr. Sudeep Veer …Petitioner Vs.

The Union of India and 3 others …Respondents ORDER : (per Hon’ble Sri Justice P.SAM KOSHY The instant Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India praying the Court for issuance of a Writ or order or direction more particularly one in the nature of Writ of Certiorari by calling for the records in O.A.No.381 of 2026 on the file of Central Administrative Tribunal (C.A.T.), Hyderabad Bench; to declare the action of respondent Nos.1 and 2 in not granting “No Objection Certificate” (NOC) and Extraordinary Leave (EOL) to the petitioner to pursue Super-speciality Course in D.M. (Neurology), NEET SS – 2025 as arbitrary, illegal, discriminatory and violative of Railway Board’s Letter No.2022/E (GR) II/1/1, dated 06.02.2023 and also violative of petitioner’s fundamental right guaranteed under Articles 14 and 21 of the Constitution of India.

2. Heard Mr. K. Sudhakar Reddy, learned counsel for the petitioner; and Mr. N. Bhujanga Rao, learned Deputy Solicitor General of India, for the respondents.

3. The brief facts which led to filing of the instant writ petition are that petitioner was initially appointed as Assistant Medical Officer (Group-A) with the Indian Railways on 10.05.2016. The appointment of petitioner was upon his securing the combined Medical Services Examination, 2014 and on being duly recommended by the Union Public Service Commission (U.P.S.C.) as also the Ministry of Railways. While serving as Medical Officer, the petitioner on due permission from the employer, appeared in the NEET PG – 2020 which he got cleared and got admission into P.G. (General Medicine) at AFMC, Pune. Thereafter, the petitioner was granted permission to proceed for the said P.G. course and was also granted study leave from July, 2020 to June, 2023. Subsequently, in the year 2025, the petitioner had planned to appear in the NEET Super-Speciality Course – 2025 and was called upon for counselling. The petitioner participated in the first round of counselling which was held from 10.03.2026 to

16.03.2026, and the results thereof were declared on 18.03.2026. The petitioner stood successful in the first round of counselling itself and he was allowed to pursue D.M. Neurology from Sanjay Gandhi Post- Graduate Institute of Medical Sciences, Lucknow. The petitioner thereafter applied to the respondent-Authorities for grant of “No Objection Certificate” as also for grant of Study Leave for the aforesaid prestigious course by stating that he had got admission in a prestigious institution in D.M. Neurology. It is this request of petitioner which had been refused which led to filing of O.A., viz., O.A.No.381 of 2026 before the Central Administrative Tribunal (for short the ‘Tribunal’), Hyderabad Bench. Vide order dated 07.04.2026; the learned Division Bench of the Tribunal admitted the case and directed issuance of notice to the respondent-Authorities. However, no interim order was granted in favour of petitioner.

4. Aggrieved, the instant Writ Petition has been filed by the petitioner.

5. It would be necessary at this juncture to refer to the reasons for which the application of petitioner for grant of “No Objection Certificate” as also for grant of study leave stood rejected, viz., (a) the representation was not forwarded