Appeals Court Upholds Restriction on Regular Academic Pursuits, Citing Violation of Service Rules and Natural Justice
In a pivotal judgment delivered on January 27, 2026, the Division Bench of the Chhattisgarh High Court, comprising Chief Justice Shri Ramesh Sinha and Justice Ravindra Kumar Agrawal, overturned a previous ruling that had allowed a probationary employee of the District Judiciary to pursue full-time legal studies. The appellate court stressed adherence to the statutory rules governing service conditions and underscored the breach of natural justice principles due to the lack of a hearing opportunity for the appellants.
The case involved Ajit Choubelal Gohar, an Assistant Grade-III employee at the Principal District and Sessions Court, Raipur, who had sought permission to continue his LL.B studies as a regular student during his probation period. His request had initially been denied by the appointing authority under Rule 11 of the Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023, which restricts regular academic pursuits for employees in favor of private or correspondence education only with prior approval.
Despite the rejection, a Single Judge had previously granted permission to Gohar, citing the saving provisions under Rule 47 of the 2023 Rules, suggesting the rules did not retrospectively apply to his ongoing studies. This decision was challenged by the appellants, including the High Court of Chhattisgarh, leading to the current appeal.
In its judgment, the Division Bench clarified that Rule 47 does not confer any vested or continuing right contrary to Rule 11, emphasizing the importance of administrative discipline and statutory compliance in service conditions. The court noted that the Single Judge's decision to allow the writ petition on the first date of hearing without giving the appellants a chance to file their responses constituted a breach of natural justice.
The Bench asserted that the permission granted by the Single Judge was unsustainable and contrary to the express provisions of the 2023 Rules. As such, the appellate court upheld the orders of the appointing authority, rejecting Gohar's request for regular study in the third year of his LL.B course.
The judgment reinforces the judiciary's commitment to upholding statutory regulations while ensuring procedural fairness in legal proceedings. The decision serves as a reminder of the balance between individual aspirations and the broader administrative framework governing public service employees.
Bottom Line:
Employee on probation cannot claim vested or continuing right to pursue higher education as a regular student in contravention of statutory rules governing service conditions. Opportunity of hearing must be provided to both parties before adjudication.
Statutory provision(s): Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023 - Rule 11, Rule 47
High Court of Chhattisgarh v. Ajit Choubelal Gohar, (Chhattisgarh)(DB) : Law Finder Doc id # 2844519
