Court says right to higher education cannot be lightly curtailed; directs grant of extraordinary leave and NOC on furnishing indemnity, undertaking and undated cheque for Rs. 61 lakh
New Delhi: The Delhi High Court has permitted a government doctor serving under the Government of NCT of Delhi to proceed with a Super Speciality DNB course in Cardiology, holding that his opportunity to enhance professional skills could not be blocked merely on the grounds of an earlier study leave bond and the absence of prior permission to appear in the entrance examination.
Justice Jasmeet Singh, hearing a writ petition filed by Dr. Manish Kamra, directed the authorities to sanction extraordinary leave within two days of the petitioner furnishing an affidavit, an indemnity undertaking to complete the remaining bond period after the course, and an undated cheque for Rs. 61 lakh — the amount already quantified in the bond as compensation for premature interruption of service.
Dr. Kamra, a government medical officer, had qualified the NEET SS 2025 examination and was allotted a seat in the DNB Super Speciality Cardiology Course at Janakpuri Super Speciality Hospital, West Delhi, under the All India Quota. He then sought extraordinary leave under Rule 32 of the CCS (Leave) Rules, 1972, along with a no-objection certificate (NOC) from the department, so that he could join the course.
However, the respondents opposed the request on two main grounds: first, that the doctor had not obtained prior permission to appear in the NEET-SS examination; and second, that he had already availed 36 months of study leave earlier and executed a bond to serve for five years after returning to duty. The government also argued that his absence would adversely affect medical services in the district where he was posted.
The court was not persuaded. It noted that the bond itself had already fixed the financial consequence of any breach at Rs. 61 lakh, meaning the employer’s monetary interest was already quantified. Justice Singh observed that this interest could be sufficiently protected by requiring the petitioner to provide the necessary undertaking and cheque security. The court further held that the petitioner’s right to pursue higher education, though not expressly stated as a fundamental right, is a valuable right that should not be curtailed lightly, especially when the employer’s financial interest stands secured.
The court also rejected the objection that the petitioner was ineligible for a second study leave, noting that the respondents had previously denied him permission on similar grounds and were essentially repeating the same reasoning. On the claim of administrative difficulty and shortage of staff, the court said there was no material on record to support such a bald assertion.
Accordingly, the High Court allowed the petition and directed the authorities to sanction the leave and issue the NOC. It further ordered that once the NOC is issued, the petitioner must immediately deposit the course fee. The court clarified that the order was passed in the peculiar facts and circumstances of the case and should not be treated as a binding procedure for all future cases.
Bottom Line :
Government doctor seeking extraordinary leave/NOC to pursue Super Speciality DNB course - Denial on ground of prior study leave, bond obligation and absence of prior permission not justified where bond amount already quantified and can be secured by indemnity/undertaking and undated cheque - Right to pursue higher education cannot be lightly curtailed.
Statutory provision(s): Article 226 of the Constitution of India, Rule 32 of the CCS (Leave) Rules, 1972
Dr. Manish Kamra v. Union of India, (Delhi) : Law Finder Doc id # 2985252
