Govt can’t thwart higher studies of a doctor, says HC

Govt can’t thwart higher studies of a doctor, says HC

K.Kaushik@timesgroup.com

Madurai:  31.08.2020

Observing that the opportunity for a doctor to pursue further studies cannot be thwarted by anyone including the government, Madras high court directed the state government to accept the resignation of a doctor and return his original certificates so that he can pursue DNB General Surgery (Broad Speciality) course.

Petitioner Samjaison was appointed as assistant surgeon (general) at a primary health centre at Erwadi in Ramanathapuram district in 2019. After clearing the competitive exam, he got admission for the postgraduate course in an institution in Chennai. Though the petitioner tendered his resignation in July, it was not accepted and his certificates were not returned.

The additional government pleader submitted that according to the conditions in the appointment order, the petitioner should serve the government for three years and would not be permitted to pursue a PG course within two years. He further submitted that the petitioner is working at a PHC in a remote area and during the Covid-19 period basic medical facilities are to be given to the needy.

He further submitted that owing to the pandemic, the government is already struggling for want of more doctors and if the existing doctors are leaving, then it would further aggravate the situation. Justice R Suresh Kumar observed that there is no doubt that this was a very difficult period in our life time, where the whole world is struggling against Covid-19 pandemic situation. Doctors, supporting staff and paramedical staff are in the forefront in the fight against Covid-19.

The judge observed that though the services of the petitioner is required, there was a need for more qualified people with updation in the field of medicine since it will help the society at large. So saying, the judge granted relief to the petitioner to pursue further studies.