R.G. Kar case: Supreme Court asks hospitals to regularise doctors' absence during protests

Supreme Court directs hospitals to regularize absence of protesting doctors in Kolkata rape case, clarifies leave status.

The Supreme Court on Wednesday (January 29, 2025) directed hospitals, including AIIMS New Delhi, to regularise the unauthorised absence of doctors who were part of protests against the rape and murder of a doctor at R.G. Kar Hospital.

A Bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took note of the submissions of a doctors’ body that some hospitals had regularised the absence of the doctors following its August 22, 2024 order but a few others, including AIIMS Delhi, decided to treat the period as leave of absence.

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"We deem it appropriate to clarify that if protesting workers had joined work post the Supreme Court order then their absence shall be regularised and not be treated as absence from duty. This is issued in peculiar facts and circumstances of the cases and is not laying down any precedent,” the CJI said.

The lawyer appearing for the body said the decision to treat the protest period as leave may create trouble for some of the medical PG students.

Solicitor General Tushar Mehta, representing the Centre, said as the case was non-adversarial, the hospitals would abide by the top court's directions.

Mr. Mehta said AIIMS, Delhi, decided to treat the period as leave of absence availed by the doctors.