Court cannot be oblivious to legitimate expectation of COVID-19 warriors to enable them to pursue higher education: Supreme Court

The Supreme Court has allowed a Delhi doctor to pursue higher studies at a medical college after he was denied admission due to the Delhi government's decision to not grant study leave to doctors during the COVID-19 pandemic (Dr Rohit Kumar v. Secretary Office, Lt Governor, Delhi)..While granting relief to the doctor, the Bench of Justices Indira Banerjee and V Ramasubramanian noted that the "Supreme Court cannot fold its arms and remain a mute spectator to the plight of the Appellant.""After all, “nothing rankles the heart more than a brooding sense of injustice”.".The petitioner doctor had completed five years of service at the Deen Dayal Upadhyay Hospital in Delhi. As per the rules, doctors who complete five years of continuous service can avail study leave for higher studies, provided they are not going to retire after the completion of five years of study and that they would re-enter duty. .In this case, the doctor cleared the Institute of National Importance Combined Entrance Test (INI-CET) in 2020. A No-Objection Certificate was also issued by the Delhi government. However, after counselling at Post Graduate Institute of Medical Education & Research, Chandigarh (PGIMER), Chandigarh, where he secured a seat to pursue MD Paediatrics, the doctor was denied study leave. The government had come up with a policy in October 2020 as per which no study leaves would be granted to doctors amid the COVID-19 pandemic. .The doctor approached the Delhi High Court, and after being unsuccessful at both Single and Division Benches, the appeal was preferred in Supreme Court..The top court was informed that the January 2021 session commenced at PGIMER and the second semester had begun. Hence, the appellant can only avail a seat after appearing in INI CET 2021. However, the vacant seat which the doctor could not avail in January has been carried forward and is up for grabs now for the 2021 session..The Bench noted that it "would be unfair to deny the Appellant the opportunity to enjoy the fruits of his efforts even now, when the COVID-19 situation has improved and is in control, only because the Respondents have not committed “apparent breach of rules and regulations” in refusing the Appellant Study Leave.".It thus directed PGI, Chandigarh to admit the appellant to the postgraduate course scheduled to commence in July 2021, on the basis of his performance in INI CET 2020. The Delhi government has been asked to re-consider the application of the appellant for study leave, taking into consideration the decline in COVID-19 cases in NCT of Delhi."Unless there is a substantial rise in COVID-19 cases, the leave application of the Appellant shall not be declined," the Court said..The Court also made it clear that its directions in this case "will not be treated as a precedent.".Additional Solicitor General Aishwarya Bhati had appeared for the office of the Lieutenant Governor. Advocate Sudarshan Rajan represented PGI, Chandigarh. Advocate Geeta Luthra appeared for the petitioner, whose plea was filed through Advocate Nitin Saluja..[Read Judgment]