In this case, study leave granted to appellant Medical Officer posted in Government (NCT) of Delhi Hospital to pursue postgraduate course, revoked vide order dt. 22-1-2021 in terms of policy dt. 20-10-2020 and office order dt. 22-10- 2020 not to grant study leave to doctors working in government hospitals in view of COVID-19 Pandemic. The Supreme Court held that the said policy decision for certain length of time, in apprehension of rise in COVID-19 cases, to ensure availability of maximum doctors possible is neither arbitrary, nor discriminatory, nor violative of Art. 14 of the Constitution. However, further held, Court cannot be oblivious to legitimate expectation of COVID-19 warriors like appellant to fair treatment, in conformity with applicable Service Rules to enable them to pursue higher education. Guidelines/Directions of Ministry of Health and Family Welfare dt. 2-11-2012 entitled Medical Officer on certain conditions to study leave.

[Rohit Kumar v. State (NCT of Delhi), (2021) 8 SCC 381]

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