SHEETAL SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The conundrum in the instant case is relating to expectation of the petitioner to get study leave to pursue higher studies on the one hand and exigencies of the department while refusing the leave on the other. The quagmire is how to deal with this situation where a young doctor has a desire to equip herself with higher education and department is expressing its inability to grant her leave because of paucity of the doctors.

(2.) The petitioner while working as a Demonstrator/Tutor in Physiology Department in Government Medical College, Shahdol preferred an application dtd. 13/1/2023 (Annexure P/4) before respondent No.2 for allowing her to fill-up the form of NEET PG, 2023. The Department by communication dtd. 19/1/2023 (Annexure P/5) accorded her permission to submit application for writing the examination of NEET PG, 2023. In this permission letter, it was made clear that permission has not been granted for taking admission in the PG Course.

(3.) The petitioner appeared in NEET PG, 2023 and obtained a score of 478/800 and rank of 24066. The petitioner then preferred an application dtd. 17/7/2023 seeking permission to participate in the counseling of NEET PG, 2023. In addition, the petitioner preferred representations dtd. 19/7/2023 and 20/7/2023 (Annexure P/8) praying for grant of education/study leave for a period of three years as she has completed 05 years of service and eligible for three years of education leave as per Rule 12(1)(6) of Adarsh Sewa Niyam (Niyam). The said Niyam were amended on 22/2/2021 (Annexure P/9). The said application of petitioner was rejected by impugned order dtd. 31/7/2023 and she it was informed that in view of norms prescribed by National Medical Commission (Commission) and the present shortage of medical teachers, her study leave application cannot be accepted. This order is called in question in this petition filed under Article 226 of Constitution.