The Delhi High Court has allowed a government doctor to pursue a three-year Super-Speciality DNB course in Cardiology after balancing his opportunity for higher education against the government’s concerns regarding his existing service bond.
Justice Jasmeet Singh passed the order on September 15, 2026, in a writ petition filed by Dr. Manish Kamra against the Union of India and other respondents.
Background
The petitioner is serving under the Government of the National Capital Territory of Delhi. He qualified the NEET-SS Examination conducted in December 2025 and was allotted a seat in the DNB Super-Speciality Cardiology Course at Super Specialty Hospital, Janakpuri, West Delhi, under the All India Quota.
He subsequently applied for extraordinary leave for three years under Rule 32 of the CCS (Leave) Rules, 1972. As he received no response from the authorities, he approached the High Court.
The government opposed the request, pointing out that the doctor had earlier availed 36 months of study leave and had executed a bond requiring him to complete five years of service after returning to duty. The authorities also argued that his absence could affect medical services.
The High Court noted that the petitioner had already served one year and nine months under the bond. The bond provided for payment of ₹61 lakh in case of violation of the five-year service condition.
The Court observed,
"The petitioner in the present case has got an opportunity to enhance his professional skills by pursuing higher education in the form of a Super Speciality Course. Interdicting the same would be a violation of valuable rights of the petitioner including his right to pursue higher education, which even though not spelt out as a fundamental right cannot be curtailed lightly."
The Court further held that the government’s monetary interest could be protected through an indemnity or undertaking and an undated cheque for ₹61 lakh. It also noted that no material had been placed before it to establish a shortage of medical staff, apart from a general assertion.
The Court directed that the petitioner’s leave be sanctioned within two days after he furnished an undertaking to complete the remaining bond period after completing the course, along with an undated cheque for ₹61 lakh.
The authorities were also directed to issue the NOC, after which the petitioner was to deposit the course fees. The Court clarified that the order was passed on the peculiar facts of the case and would not be treated as binding procedure.
The writ petition was accordingly allowed.
Case Details
Case Title: Dr. Manish Kamra v. Union of India & Ors.
Case Number: W.P.(C) 12457/2026
Judge: Justice Jasmeet Singh
Decision Date: September 15, 2026
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