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Dr. Rohit Kumar v. Secretary, Office of Lt. Governor of Delhi & Ors.

Civil Appeal · 2021 INSC 336Decided 15 Jul 2021
Civil Appeal No. 2739 of 2021
Justice Indira Banerjee · Justice V. Ramasubramanian

Background

Dr. Rohit Kumar, a doctor employed by the Delhi government, cleared the highly competitive INICET-2020 exam and was allotted a seat for a postgraduate course (MD Paediatrics) at PGI Chandigarh. However, the Delhi government had meanwhile adopted a COVID-19 policy refusing further study leave to its hospital doctors, and his leave application was rejected on that basis. As a result, he lost his admission for the January 2021 session, and his writ petitions challenging this were dismissed by both a Single Judge and a Division Bench of the Delhi High Court.

Decision Breakdown

The Supreme Court held that the government's policy of withholding study leave during the pandemic was not arbitrary or discriminatory given the genuine public-health emergency, and the authorities had not acted illegally. However, invoking its special power under Article 142 of the Constitution to do complete justice, the Court noted that the COVID-19 situation in Delhi had since improved dramatically and that the appellant had suffered real injustice through no fault of his own. It directed PGI Chandigarh to admit him to the next (July 2021) session using his already-cleared INICET-2020 result, and directed the Delhi government to reconsider his study leave application favourably in light of the improved situation. The Court clarified this order would not be treated as a precedent.

Lesson Learnt

Even where a government policy is lawful and not struck down, courts can still use equitable powers to shield an individual, especially a frontline COVID-19 worker, from unfair collateral loss, without undoing the policy itself.

Official source (sci.gov.in)View Judgment (PDF)

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