Dr Chayan Jain v. Director, Mcd & Ors

TEJAS KARIA, J AUGUST 6, 2026/ N.Khanna

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 06.08.2026 # CNR No. DLHC010986412024 % LPA 1252/2024 & CM APPL. 76495/2024 DR CHAYAN JAIN .....Appellant Through: Mr. Sagar Saxena, Mr. Krishnandu Haldar & Mr. Abu Hassan Usmani, Advocates along with Appellant-in- Person. versus DIRECTOR, MCD & ORS. .....Respondents Through: Ms. Tajinder Virdi, Standing Counsel for MCD (through VC). Mr. Vijay Joshi, CGSC with Mr. Shubham Chaturvedi, Advocate for Respondent No.4. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL) 1. This intra-Court appeal is directed against the judgment and order dated 21.11.2024 passed by the learned Single Judge whereby W.P.(C) 12452/2024 preferred by the appellant has been dismissed. 2. The underlying writ petition was directed against an order dated 16.08.2024 passed by the competent authority of the Municipal Corporation of Delhi (hereinafter referred to as the 'MCD') whereby prayer for grant of study leave and for relieving him to join PG (General Medicine) course in Army Hospital (Research & Referral) [hereinafter referred to as 'RR Hospital'] was rejected. The order dated 16.08.2024, which was challenged in the writ petition, gave reason for cancellation of the prayer for grant of study leave that as per Central Civil Services (Leave) Rules, 1972 (hereinafter referred to as the 'Leave Rules'), the maximum period for which study leave could be allowed is only 36 months for the entire service tenure, however, the appellant had already availed study leave for approximately 10 months and, therefore, study leave for further 36 months could not be granted. 3. The appellant had also prayed in the underlying writ petition that the MCD be directed to treat the DNB (General Medicine) resident period spent by him in Hindu Rao Hospital (hereinafter referred to as 'HRH') as regular duty/ Extraordinary Leave and further that a direction be also issued to grant the appellant permission to join PG (General Medicine) course in RR Hospital on study leave. 4. The facts in brief are that while in service of the MCD on the post of medical officer, the appellant had applied for sponsored DNB seat in 2022 session and, accordingly, got admission in Poona Hospital at Pune, however, he intended to pursue higher studies on the basis of NEET PG examination and, therefore, he chose not to proceed with the course at Poona Hospital at Pune and joined his duties with MCD in February, 2023. 5. The appellant applied against an advertisement issued by Director General of Armed Forces Medical Services (hereinafter referred to as 'DGAFMS'), dated 26.07.2023. A merit list was published by DGAFMS for priority-III candidates, however, name of the appellant did not find place in the said list which led the appellant to file W.P.(C) 10856/2023 assailing the merit list dated 10.08.2023. The said writ petition was dismissed on 11.09.2023 by a learned Single Judge of this Court, however, the appellant challenged the said order dated 11.09.2023 by instituting LPA 661/2023. During the pendency of the said LPA, certain DNB seats fell vacant in HRH in-service category and, therefore, after mop-up round of counselling, he sought permission on 11.10.2023 to be relieved from the MCD to join HRH to work as DNB trainee-cum medical officer. 6. In December, 2023, as per the appellant, he learnt and understood that as per the extant rules he will not be able to complete his sponsored DNB Course at HRH on account of a provision in the National Board of Examination (hereinafter referred to as the 'NBE') brochure and registration portal that if a medical officer drops the DNB course after joining on a seat reserved for in-service medical officers, he shall be prohibited from availing the benefit of reservation of DNB seat for the entire duration of the earlier course. It is the case set up by the appellant that since he had earlier withdrawn from DNB course from Poona Hospital and, therefore, in vi