Doctors cannot be stopped from pursuing higher studies: Rajasthan HC orders govt to relieve medical officer for SR course
Rajasthan High Court
Jaipur: While hearing a petition filed by a medical officer, the Rajasthan High Court directed the state government to immediately relieve her so that she can pursue higher studies, observing that a doctor cannot be stopped from pursuing higher studies merely because of administrative inconvenience.
Passing an interim order, the bench of Justice Nupur Bhati stated that qualified doctors are valuable assets not only to the medical field but also to society as a whole, and that after pursuing higher education, they contribute to public health services with improved skills.
Hence, the bench held that depriving someone of higher education or career advancement solely on the basis of temporary administrative difficulties or shortage of doctors would not be appropriate and accordingly ordered the authorities to relieve the petitioner at once, considering the last date for joining the course.
As per Live Law media report, the petitioner, a medical officer working under the state government, informed the court that after completing her postgraduate medical degree, she had applied for a Senior Residency course, which is considered essential for becoming an Assistant Professor in medical colleges. However, despite her selection, the department did not formally relieve her from duty, which was adversely affecting her career.
Opposing the plea, the state government argued that the doctor was appointed in the public interest and could not be relieved immediately due to administrative needs. The government also informed the court that around 450 doctors had been selected for Senior Residency and about 800 doctors had been selected for postgraduate courses in the state. If all of them were relieved at the same time, it could affect healthcare services.
After hearing both sides, the High Court referred to a ruling of the Supreme Court of India in the case of Dr Kumar vs Secretary, Office of the Lieutenant Governor. In that judgment, the Supreme Court had observed that highly qualified doctors are valuable assets for society and that higher education helps them contribute better to public healthcare.
Taking note of this, the High Court said that denying doctors the opportunity to pursue higher studies due to temporary shortages or administrative issues is not justified. The court also stated that progress in medical education ultimately strengthens the public healthcare system.
Accordingly, the court issued notice to the state government and directed it to relieve the petitioner immediately so that she can join the Senior Residency course before the admission deadline.
