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Supreme Court of India 2021-07-15 allowed

Rohit Kumar (Dr.) vs Secretary Office of Lt. Governor of Delhi & Ors

Bench: 2 — Indira Banerjee

In Brief

A government doctor successfully cleared a competitive national exam for a post-graduate medical degree at a premier institution and was allotted a seat. However, he was denied study leave due to a government policy suspending such leave during the COVID-19 pandemic. The Court held that while the policy was legally valid and not arbitrary, exceptional relief could be granted under Article 142 because: (1) the doctor was not at fault; (2) he pursued legal remedies promptly; (3) the emergency circumstances had substantially changed; and (4) re-allotting the seat in the next session caused no prejudice. The Court directed the institution to admit him in the July 2021 session and the employer to reconsider the study leave application favourably.

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Administrative Law Medical Education Service Law Constitutional Law Public Interest Right to Higher Education COVID-19 Pandemic Judicial Review

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