3 BMS doctors allowed to pursue higher studies

HC said no prejudice would be caused to BMC if doctors are allowed to go for higher studies 

NT Correspondent

Bengaluru: Three doctors serving in the Bangalore Medical College and Research institute have been allowed to pursue higher education by the Karnataka High Court. Earlier, the BMC did not allow the three doctors to go for higher education citing rules that say that only five percent of its doctors can be allowed to go for higher studies. The High Court without going into the merit of the rules said that no prejudice would be caused to BMC if they were allowed to go for higher studies.

The Division Bench of Prasanna B Varale and Justice Ashok S Kinagi in their judgment said, “We are not going into the merits of the case in regard to KCSR mandating deputation of only 5% cadre strength for the higher studies. By efflux of time, much water is flown. At this stage, if the said aspect is considered then respondent No.1 in these appeals would be put to inconvenience whereas, if they are permitted, no prejudice would be caused to the appellant.”

The court thereby allowed Dr Raju HN, Dr Nivedeetha K and Dr Varsha D, to go for higher studies. The three had completed their MBBS and joined BMC as Intensive Care Medical Officers in 2017. After completing three years of service they sought permission to appear for the NEET-PG entrance examinations in 2021-22.

They also obtained permission to appear for counselling of seats later. The three secured seats in MS Ramaiah Medical College and requested relieving orders to join the PG course.  In March 2022, the BMC denied them permission citing the Karnataka Civil Service Rules which mandate that only 5 per cent cadre strength can be debuted for higher studies.

The three doctors approached the single-judge bench of the High Court against this. On September 13, 2022, the single judge ruled in their favour and directed the BMC to relieve them. The BMC challenged this order by filing appeals before the Division Bench. The Division Bench gave its judgement recently upholding the single judge order.