“Pandemic Situation Grave”: Supreme Court Refuses To Entertain Doctor’s Plea Seeking Study Leave For PG Admission

  • Lawbeat News Network
  • 04:38 PM, 16 Apr 2021

Read Time: 04 minutes

The Supreme Court on Friday denied the request of a Doctor employed as Medical Officer at the Emergency Triage of Deen Dayal Upadhyay Hospital for grant of study leave. 

A bench of Justices Indira Banerjee & Krishna Murari refused to interfere an order of Delhi High Court whereby the Ld. Single Judge had declined to interfere with the rejection of the Petitioner’s application for the grant of study and relieving orders by Secretary Office Lt. Governor of Delhi & Ministry of Health and noted that a request of the instant nature could not be accepted in light of the grave pandemic situation at this juncture.

The petitioner had stated that the said order the suffered from Wednesbury unreasonableness and was contrary to doctrine of Promissory Estoppel, "since the Respondent No.1 (Lt. Governor of Delhi) had not given ‘due regard’ to the improved COVID-19 situation, while rejecting the study leave and also overlooked the fact the Petitioner was granted permission to apply and appear in the said exam in the sponsored category by the Respondent No.2 (Ministry of Health and Family Welfare)."

Additional Solicitor General Aishwarya Bhati along with Advocate Anmol Chandan appeared for the Ministry and Lt. Governor of Delhi.

The petitioner, inter alia, has put forth various questions of law, putting forth whether  the COVID-19 situation can outweigh the opportunity of the Petitioner to pursue Higher Education i.e. Post Graduation course?

Further to this, the petitioner has stated that the Respondent No.1 (Lt. Governor) rejected the study leave of the Petitioner on 22.01.2021 without evaluating the improved situation of COVID-19 which resulted in absolute arbitrary exercise of the discretion, which is not permissible in public law.

Top Court noted that at this juncture it was unfeasible to allow such a request and listed the matter post summer vacation.

Case Title: Dr. Rohit Kumar Vs. Secretary Office of Lt. Governor of Delhi & Ors.