Public healthcare can’t suffer for higher studies: HC backs study leave denial to doc

Kolkata: The Calcutta High Court has upheld the West Bengal government’s decision to deny study leave to Dr Santanu Das, a senior radiologist of the College of Medicine and Sagar Dutta Hospital, Kamarhati, holding that patient care in a public hospital cannot be compromised for higher studies.

A division bench comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas observed that Dr Das, who heads the radiology department at the state-run hospital, had already availed three years of government-sponsored trainee reserve leave earlier in his career for postgraduate training.

Under the applicable service rules, the bench held, this exhausted the permissible limit for study leave, even if the doctor was willing to proceed

without pay. The court also took note of the staffing position at the hospital. It recorded that the radiology department has only two senior faculty members — a professor and an associate professor. Allowing both to proceed on leave during the same academic session would severely affect diagnostic services and cause hardship to patients dependent on the public hospital, the bench observed.

Dr Das had alleged discrimination, claiming that another faculty member was permitted to pursue the same post-doctoral course. The court rejected the argument, noting that there was no material on record to show that the other doctor had earlier availed similar government-sponsored leave.

The bench also pointed out that the other faculty member was not made a party to the proceedings, making the discrimination plea legally untenable.

While acknowledging that higher qualifications among doctors are generally desirable, the court said such considerations cannot override public interest. Authorities, it observed, are duty-bound to ensure that essential healthcare services in public hospitals are not disrupted due to prolonged absence of key personnel.

The bench also referred to the non-functioning of the State Administrative Tribunal but made it clear that this cannot be a ground to bypass statutory service rules or interfere with administrative decisions taken in public interest.

Finding no infirmity in the decision of the Director of Medical Education, the court dismissed the petition.