Lawstreet Journal

“Cannot act as an Appellate Authority over a decision taken at the highest level in the Government” : Delhi HC [READ JUDGMENT]

Lawstreet Journal 9 Feb 2021 8:25pm

Image courtesy: Lawstreet Journal Judiciary “Cannot act as an Appellate Authority over a decision taken at the highest level in the Government” : Delhi HC [READ JUDGMENT]

A single judge bench of Justice V. Kameswar Rao of Delhi High Court on Tuesday ( February 4, 2021) observed that “they cannot sit as an Appellate Authority over a decision taken at the highest level in the Government.” The HC thereby refused to grant study leave to the petitioner, to pursue Postgrad in Paediatrics from PGI Chandigarh in a case of  Dr Rohit Kumar V. Lt Governor Of Delhi & Ors.

The bench was hearing a plea seeking directions against respondent to issue the relieving order and grant study leave to him to enable him to pursue MD/MS Course in Paediatrics from Post Graduate Institute of Medical Education & Research, Chandigarh. He contended that he has satisfied the criteria that is laid down for grant of study leave in the office memorandum dated November 02, 2012.

Facts of the case:

The petitioner, on being successfully, attended the offline counseling for MD/MS course at PGI, was allotted a seat in MD (Pediatrics) course. The DDU hospital where the petitioner is working even issued the required certificate and NOC to the petitioner. The certificate clearly states that the hospital did not need a substitute for the petitioner. However, after completing due formalities, when the petitioner submitted his study leave as per the Rules, on December 31, 2020, the respondents 1 and 2 deliberately delayed in granting the same to the petitioner. In the meantime, the respondent No.3 i.e PGI extended the last date for accepting the seat allotment to the petitioner till January 18,… Continue Reading...


Tagged: Delhi High Court  
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