The State government's decision to put a specialty physician's request on hold has been deemed unjustified. The physician, who is employed by the government, had requested permission to pursue a three-year super specialty course in cardiology after securing a seat through the National Eligibility-cum-Entrance Test (Super Speciality) 2023 ranking.

In its observation, the court emphasized that it is a well-established principle in public employment, across all civilized jurisdictions, that civil servants who obtain advanced educational qualifications while in service are entitled to benefits such as increments, allowances, and accolades, as a matter of state policy.

A Division Bench headed by Justice Krishna S. Dixit and Justice C.M. Joshi rejected the government's petition, thereby affirming the State Administrative Tribunal's order dated August 2024.

The tribunal directed the Principal Secretary of the Health and Family Welfare Department to grant Madhu Kumar M.H. permission to pursue a super specialty course. This decision was made as Madhu Kumar already held a postgraduate degree in general medicine and was eligible under the Karnataka Civil Services (Deputation to Higher Studies and Training Leave to Group-A Officer) Rules, 2008.

The court dismissed the government's assertion that employees have an inherent right to seek deputation for value addition. Instead, the court held that while the government does have some discretion in matters of deputation for value addition, such decisions must be made in accordance with principles of reasonableness and fairness.

The government argued that allowing a specialist physician to leave their government job after undergoing value addition would result in a loss of public money. However, the court countered this argument by pointing out that the relevant Rules require individuals to sign a bond, committing them to not seek voluntary retirement during their deputation for higher studies and for a period of three years thereafter.

The court observed that the Commissioner for Health and Family Welfare had endorsed Dr. Madhu's request for deputation or study leave to pursue a super specialty course in cardiology. The Commissioner recommended the request based on the anticipated need for cardiology specialists in district hospitals, thereby rendering Dr. Madhu's chosen course a matter of public interest.

The government had argued before the tribunal that study leave is only permitted for postgraduate or diploma courses, and not for specialty courses. However, the tribunal rejected this claim, noting that Dr. Madhu wasn't seeking to study under the in-service quota, but rather had secured a rank in the open category of the NEET-2023 exam for super specialty courses.

(Input from various sources)

(Rehash/Sai Sindhuja K/MSM)