Consider doc’s deputation plea for higher studies: HC

Consider doc’s deputation plea for higher studies: HC 

TIMES NEWS NETWORK 5.12.2024

Bengaluru : The HC recently said the govt should consider, in a time-bound manner, its employees’ representation seeking permission to take up higher studies. Dr Madhu Kumar MH, a specialist physician working in Mysuru, submitted a request last year. Based on his merit ranking in NEETSS 2023, the medical counselling committee (MCC), DGHS, ministry of health and family welfare, govt of India, allotted him a seat in DNB SS cardiology programme. This is a three-year super-specialty course in medical science at Apollo BGS Hospital, Mysuru. 

The commissioner for health and family welfare services submitted a recommendation dated April 3 to govt to consider his representation for sanction of study leave so that he could complete the course and return after making value addition. The recommendation also cited the need for undergoing the course as there was a dearth of doctors in the department with superspecialty degrees. The said representation wasn’t considered despite the recommendation, so Madhu Kumar moved Karnataka State Administrative Tribunal (KSAT).

On Aug 9, the tribunal granted him relief and directed the govt to consider his representation for permission to go on deputation for higher studies. The state challenged the same before the high court. A division bench of Justices Krishna S Dixit and CM Joshi pointed out that KCSR Rules give discretion to the govt to send its employees on deputation for pursuing special courses such as higher studies, specialised training in professional/technical subjects having a direct and close connection with the sphere of his/her duty. However, as with any discretion, this has to be exercised according to rules of reason and justice, the bench added. 

The bench rejected the govt’s contention that after making value addition, deputationists may quit public employment and go for greener pastures, causing loss to the exchequer. It said the 

employee concerned has to execute a bond, adding: “After all, ours is a constitutionally ordained welfare state and therefore, it has to conduct itself as a model employer.”