Disposed

Munish Mohammad v. State of U.P. Thru. Prin. Secy. Basic Education Lko. and Others

Allahabad HC23 Apr 2024/2903/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a writ petition seeking study leave for a petitioner pursuing a Ph.D. directing the competent authority to decide the pending application within two weeks. The Court explicitly declined to examine the merits of the leave claim.

What did the court decide?

Direction to respondent No.3 to decide the petitioner's application for study leave within two weeks.

Munish Mohammad Vs State of U.P. Thru. Prin… — Education and Admissions | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31789

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Court No. - 6

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Case :- WRIT - A No. - 2903 of 2024

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Petitioner :- Munish Mohammad

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Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. And Others Counsel for Petitioner :- Pawan Kumar Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner and Shri Sandeep Sharma, learned Standing Counsel appearing on behalf of all the respondents.

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With the consent of learned counsel for contesting parties, the matter is being finally decided.

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The instant writ petition has been filed praying for a mandamus commanding the respondents more particularly respondent No.2/3 to sanction study leave/study leave (average salary to the petitioner) for a period of five months from 01.02.2024 to 30.06.2024 as the petitioner is undergoing Ph.D. English Literature from Chhatrapati Shahuji Maharaj University, Kanpur.

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The Court had required learned Standing Counsel to seek instructions vide order dated 12.04.2024.

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Today, Shri Sandeep Sharma, learned Standing Counsel states that he has received the instructions, per which it is stated that the petitioner is not entitled for the study leave, however, the instructions do not show as to why the petitioner is not entitled for the study leave.

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Considering the aforesaid, more particularly when the application of the petitioner for grant of study leave as has been

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forwarded vide order dated 30.01.2024 to the competent authority, i.e., respondent No.3 and the application is still pending for consideration as such the writ petition is disposed of with a direction to respondent No.3 to decide the application of the petitioner for grant of study leave for a period from 01.02.2024 to 30.06.2024 in accordance with law and the relevant rules within two weeks from the date of receipt of a certified copy of this order and to communicate the said order to the petitioner.

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It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.

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Order Date :- 23.4.2024 Ashutosh

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Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

Munish Mohammad v. State of U.P. Thru. Prin. Secy. Basic Education Lko. and Others

Case brief

What is this about?

What did the court decide?

Munish Mohammad v. State of U.P. Thru. Prin. Secy. Basic Education Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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