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Delhi authorities instructed to reconsider denial of study leave to doctors by Delhi HC

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Express News Service    29 October 2020

Authorities in Delhi have been asked to reconsider their decision of rejecting study leave to two doctors with in two weeks by the Delhi High Court. The leave was denied to the medical doctors on the ground that due to the shortage of doctors during a possibility of upsurge in COVID-19 cases in the months of November and December.

In an order, Justice Jyoti Singh asked the competent authority to remember that the doctors had been given unconditional NOCs in June, as the number of cases were at peak. They were given an assurance that they would be released after their selection for Diplomate of National Board (DNB) training. The court had also asked the authorities to keep in mind the doctors who had secured high rankings after a lot of hard work and labour to clear the examination and counselling.

The court said in the order that petitioners want to improve their qualifications, skill and experience by undertaking the PG Course. It needs no explanation that higher qualification and experience will only benefit the hospitals they are working in and eventually benefit the Government.

In August, the two doctors were allocated DNB General Medicine (Broad Speciality) at St. Stephen’s Hospital, Delhi and DNB Radiodiagnosis at Apollo Hospital, Bangalore after their selection for the seats. Earlier, they received due permission and NOC from their employers before counselling for their respective PG courses. But, according to the noting of Lt-Governor positioned before the court, their request was denied with a reasoning of COVID-19 as it will not be possible to spare the doctors for the next two months.

The single-judge bench said that there was no condition or caveat attached to their NOCs and termed the decision of the authorities as “most unfortunate”. The outlook of the respondents that the petitioners cannot be released due to pandemic appears strange to the court as the fact that the NOCs were already given in June 2020 when the pandemic existed and there was an upsurge in the number of cases. Certainly, the respondents considered the situation to continue for some time and still assured the petitioners that they would be relieved.

The court said that the fresh decision should be communicated to the two petitioners and the same should be submitted on affidavit before it. The next date of hearing is 11th November. The seats that were allocated to the two doctors were ordered to be reserved by the court till 3rd September.

Source: The Indian Express

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