Supreme Court Allows Two Central Govt Doctors To Join Army Hospitals Without Relieving Orders Post Qualifying NEET PG-2023

The Supreme Court has permitted two applicants who were Central Government doctors to join the institute where they got admission after qualifying NEET-PG 2023, and report to the Dean Academics, Army Hospital (R&R) Delhi Cantt & Dean Academics, Command Hospital (Air Force), Bangalore without procuring the relieving orders from their respective employees.

In the pertinent matter, the grievance of the petitioners was that their employers did not issue their relieving letters post-qualifying for the exam, despite the fact that they informed them even prior to taking the exam.

One of the applicant doctors, Soumen Chakraborty was serving as S.M.O, Central Government Health Scheme, Kolkata, Ministry of Health & Family Welfare, Government of India, while the other applicant Rohini Devi was serving as DMO/ARK/WAT/ECOR with the Indian Railway, Government of India.

Accordingly, a bench of Justice Sanjay Kishan Kaul, Justice Sudhanshu Dhulia, and Justice Manoj Misra while issuing notice to the two employers, directed the applicants to join the institutes at their own risk and costs.

AOR Gaurav Srivastava appeared for the petitioners.

In the present matter, the counsel for the applicants-petitioners submitted that in the NEET PG examination, 2023 held, these petitioners have been granted allotment letter dated 04.10.2023 and they have been granted seat in the MD Radiologist and PG/MD, Paediatrics, respectively.

The prayer made is that they have applied for a relieving order from their respective employers but the same has not been granted as yet. It is further his submission that they appeared for the examination and informed the employers that they were proposing to take the examination.

Resultantly, observing the facts and circumstances in the present miscellaneous application, the bench observed, “The aforesaid being the position, we issue notice to the two employers in the application and permit the applicants to join the institute where they have got admission without the relieving order and report to the Dean Academics, Army Hospital (R&R) Delhi Cantt & Dean Academics, CH (AF), Bangalore respectively at their own risk and costs, subject to the final outcome of the present application”.

The bench further directed to list the matter for further hearing before an appropriate bench after the court re-opens.

Cause Title: Ashish Ranjan & Ors. v. Union Of India & Ors

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