ASHISH DIXIT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners passed their M.B.B.S. Examination in May, 1984, from the Government Medical College, Jabalpur, and after completing-one year's Compulsory Rotating Internship on 31st May, 1985, obtained 5th and 28th position, respectively, in the Final Pooled Merit List, 1985. The petitioners are registered with the State Medical Council, Madhya Pradesh, and continue to be enrolled with Rani Durgawati Vishwavidyalaya, Jabalpur. The petitioner 1 completed his house job in Moolchand Khairatiram Hospital, New Delhi, with effect from 11-11-1985 to 10-11-1986 in Pediatrics, while the petitioner 2 completed his house-job in General Surgery from Dr. Ram Manohar Lohia Hospital, New Delhi, in the calendar year 1986. Both the Institutions are recognised by the Medical Council of India, but are not attached to any Medical College.

(2.) The petitioner 1 before joining housemanship at Delhi, was appointed as House Officer in Surgery in the Medical College, Jabalpur, on 15-6-1985. He worked as House Officer in Surgery up to 22-7-1985 and, thereafter, went on leave for his treatment at Bombay. His leave was sanctioned till 28-10-1985, vide letter dt. 17th/18th Oct., 1985. (Annexure-R-1) and he was directed to join his duties on 29-10-1985, failing which it was specifically mentioned that his appointment as House Officer was to be terminated without any further notice. It was also mentioned in the notice to him that leave would not any longer be extended.

(3.) On receipt of Annexure-R-1, the petitioner No. 1 wrote a letter to the respondent on 21-10-1985 informing that he had an appointment with the Bombay Hospital regarding his treatment for Asthma and Rheumatism on 2-11-1985. Hence, he would be able to join his duties on 5-11-1985. A request was made for sanction of further leave from 20-10-1985 to 4-11-1985. No reply to this letter was given and the application for further leave was not considered.