Court Rules Admission to Institutes of National Importance as Crucial for Granting Study Leave
In a recent judgment, the Chhattisgarh High Court dismissed the writ appeal filed by Chitranjan Lal, a Lecturer at Government Polytechnic College, Bijapur, challenging the rejection of his study leave application. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, upheld the decision of the Single Judge, citing the failure of the appellant to meet the prescribed eligibility criteria for study leave.
The case revolves around Mr. Lal's application for study leave to pursue a Ph.D. at Government Nagarjun Post Graduate Science College, Raipur. His application was initially forwarded by the college Principal and granted permission by the Department of Skill Development. However, the request for study leave remained undecided, prompting Mr. Lal to file a writ petition seeking direction for the grant of leave.
The Single Judge dismissed the petition, emphasizing that eligibility for study leave requires admission to an institute of national importance, a criterion Mr. Lal failed to satisfy. The judgment highlighted that study leave is not an entitlement but subject to employer discretion, reinforcing the need for public funds to benefit the institution and society.
Mr. Lal's counsel argued that the policy dated 14.10.2022 allows for study leave for M.Phil/Ph.D. courses, asserting the absence of any adverse finding on the policy itself. Nevertheless, the High Court found no irregularity in the Single Judge's decision, affirming that the petitioner did not meet the necessary conditions for leave approval.
The Court reiterated the significance of ensuring public funds are utilized for the greater good, stating that the investment in higher education should advance institutional interests. Consequently, the appeal was dismissed at the motion stage, maintaining the stance that leave for higher studies cannot be claimed as a right but remains contingent on fulfilling set criteria and employer approval.
Bottom Line:
Study leave for pursuing higher education is not a matter of right and is subject to the discretion of the employer. Admission to an institute of national importance is a requisite criterion for eligibility for study leave.
Statutory provision(s): Clause 8 of the policy dated 14.10.2022.
Chitranjan Lal v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2863599
