Calcutta High Court Upholds Denial of Study Leave to Senior Radiologist

Background of the Case

The Calcutta High Court has recently supported the West Bengal State Government’s decision to deny study leave to a senior radiologist, who serves as the Head of the Department (HoD) at Sagar Dutta Hospital in Kamarhati. The court emphasized that the decision regarding study leave must consider the impact on public health services.

Key Observations from the Court

The bench, comprising Justices Madhuresh Prasad and Prasenjit Biswas, stated that the authority responsible for granting study leave must take into account various factors. These include the prior services rendered by the doctors requesting leave, the nature of the course, and its potential benefits to public interest during the doctor’s tenure. It was highlighted that any decision made should ensure that public health services are not adversely affected.

Details of the Case

In this specific case, Dr. Das, who leads the radiology department, had previously taken three years of government-sponsored leave for postgraduate training. The court noted that granting him further study leave would disrupt healthcare services at the hospital, as there was no other senior doctor in the department to replace him.

The High Court’s ruling indicated that the Director of Medical Education for West Bengal had adequately considered the implications of granting Dr. Das’ request for study leave for a Post-Doctoral Certificate Course in Neuroradiology. The request was formally rejected on September 4, 2025, based on the necessity of maintaining healthcare services in the hospital.

Petitioner’s Claims and Legal Arguments

Dr. Das challenged the rejection, claiming that he was not pursuing benefits under the 2015 Rules but rather sought leave without pay under the West Bengal Service Rules (WBSR) to undertake the PDCC course. He alleged discrimination, arguing that other doctors were granted study leave under the Trainee Reserve Rules.

The State’s Advocate General countered that Dr. Das had already utilized his entitlement under the 2015 Rules and thus was not eligible for further study leave under the WBSR. The Director noted the critical shortage of doctors in the Radiology Department and the potential negative impact on patient care if both Dr. Das and an Associate Professor were allowed to leave simultaneously.

High Court’s Conclusion on Discrimination Allegations

The High Court observed that Dr. Das’s claim of discrimination was unfounded, as he failed to show that the Associate Professor, who was granted leave, had a similar leave history. Furthermore, the court noted that the Associate Professor was not included as a party in Dr. Das’s application, which weakened his argument.

The court concluded that the decision to deny study leave was ultimately in the hands of state authorities and should reflect public interest considerations. The bench acknowledged the importance of acquiring higher qualifications but reiterated that such decisions must be approached with careful consideration of all relevant factors.

Final Remarks

The High Court dismissed Dr. Das’s plea for study leave, emphasizing the need to balance individual aspirations with the broader public health needs.

To view the full order, click on the following link: [Calcutta HC Order](https://medicaldialogues.in/pdf_upload/calcutta-hc-317036.pdf)

Related Updates

It is also noteworthy that Central Health Service doctors who take advantage of 36 months of study leave are required to serve the government for five years, as announced by the Health Minister.