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A division bench of Chief Justice DN Patel and Justice Jyoti Singh of the Delhi High Court has directed the Aruna Asaf Ali Hospital and Baba Saheb Ambedkar Hospital to grant study leave to doctors wanting to pursue higher studies after having cleared the National Eligibility-cum-Entrance Test (NEET) PG, 2020 examination. 

The doctors, Dr. Ruchita Ghiloria and Dr. Neha Ghiloria moved court seeking the setting aside of an order by a single judge bench which denied them the prayed relief.

Facts

The doctors stated that they had appeared for NEET PG 2020 in January last year, the result for which was declared in the same month. Thereafter they were conveyed by the Hospitals that ex-post facto approval i.e. No Objection Certificates had been granted for them for appearing in the NEET examination and that the request for grant of study leave will also be processed after selection in the NEET PG 2020.

Thereafter the Centralised-merit-based counselling and eligibility criteria for admission to the sponsored DNB seats as also the last date for submission of NOCs and undertakings, which was Jun 30, 2020 were notified. 

The Ghilorias stated that as they were working as Medical Officers on regular basis in the said hospitals they requested their Departments to provide NOCs and undertakings in the prescribed format, which they were provided and forwarded thereafter to the requisite authority.

Thereafter the doctors were selected in the counselling process and were allotted the sponsored DNB seats in different specialities at different Hospitals and were asked to join. 

However, they were not issued the relieving orders or study leave till date despite issuance of NOCs by the hospitals themselves.

Hospitals' contention

The hospitals submitted in their defence that in normal course when the No Objection Certificates are granted, study leave is granted to the doctors to pursue the courses they desire to enrol in, however, study leave was not granted to the doctors in the present case on account of the pandemic Covid-19, as "the services of the doctors were required at the Hospitals and on account of surge in the number of cases, Government could not spare the doctors for pursuing the PG Courses."

However, they submitted, that the matter was reconsidered and re-examined by the Lieutenant Governor and sanction / approval has now been 
accorded for grant of study leave to two doctors and that the approval has been duly conveyed to the respective hospitals where the doctors are working.

Reasoning

Directing for issuance of relieving orders for the doctors at the earliest the court said, while it saw that "for a short period the Appellants could not have been relieved on account of Covid-19, but we do not find any justification in the inaction of the Hospitals in granting study leave at this stage, when concededly the Hon’ble Lieutenant Governor has sanctioned the study leave."

It further said that, "If the Appellants join the courses, it shall only inure to the advantage of the Hospitals as the Appellants would be acquiring higher education and qualifications. We see no reason why the concerned Hospitals should further delay the grant of study leave to the Appellants."

Case Title: Dr. Ruchita Ghiloria & Ors. vs Medical Superintendent & Ors.