Dismissed

Dr. Vidya D/O Gajanan Nimbalkar v. Maharashtra Animal and Fishery Sciences University and Anr.

Bombay HC24 Nov 2014WP/9771/2014

Case brief

AI extract

What is this about?

In a writ petition regarding refusal of study leave, the Bombay High Court held that the petitioner, employed as a Farm Manager, had no legal right to avail study leave for a Ph.D. in another university. The resolution governing study leave was not binding, and nothing showed a violation of constitutional equality provisions.

What did the court decide?

Petitioner's petition dismissed; rule discharged; no order as to costs.

Dr. Vidya D/O Gajanan Nimbalkar Vs Maharashtra Animal… — Service and Employment | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 9771 OF 2014

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Dr. Vidya D/o. Gajanan Nimbalkar

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… Petitioner.

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V/s.

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Maharashtra Animal and Fishery Sciences University, Nagpur and Anr. … Respondents.

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Mr. K. S. Patil, Advocate, for the Petitioner. Mr. A. K. Jalisatgi a/with Mr. C.M. Lokesh for the Respondents.

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CORAM : NARESH H. PATIL AND A. P. BHANGALE, JJ. DATE : 24 NOVEMBER, 2014

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P.C. :

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1 Rule. Rule, made returnable forthwith. Heard finally by consent of respective counsel. Submissions of both sides at the bar are heard at length.

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2 The Petitioner posed a question before us as to whether the respondent university acted contrary to law to refuse sanction for study leave for the Petitioner for her higher studies.

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3 It is case of the Petitioner that she is Bachelor of Veterinary Science (B.V.Sc. & A.H..) and also had passed Master of Veterinary Science (M.V.Sc.). The Petitioner was initially appointed as Assistant Professor in department of

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animal husbandry from 2005 to 2008, i.e. from 01012005 to 25052008. And from 26052008, he was appointed as “Farm Manager/Farm Operations” at Live Stock Research, Demonstration & Training Center at K.N.P. College. It is not in dispute that this post is nonteaching post and do not require Ph.D.Degree, as essential for the post the Petitioner is holding.

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4 Guru Angad Dev Veterinary and Animal Science University (GADVASU), Ludhiyana (Punjab) had published program for Ph.D courses in Animal Husbandry Extension Education. Petitioner had on 18062013 requested study leave for higher studies i.e. Ph.D.Degress. The Respondent University in meeting of its faculty by subject no.6 had resolved to depute the staff availing study leave for higher studies in other universities. The subject was approved by the academic council of the university in May 2014 so as to consider the Asst. Professors having cleared probation and having completed five years term of continuous service to be considered for to avail the study leave for higher studies in the universities. Petitioner had presented the application on 09102014, requesting for the grant of study leave to pursue higher studies leading to Ph.D degree program in academic year 201415. University declined upon the pretext of paucity of the staff.

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5 It is submitted on behalf of the Petitioner that the respondent University ought to have considered the application of the Petitioner made through proper channel. According to

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the Petitioner having completed five years of continuous service, sending the Petitioner for to pursue Ph.D. would not have hampered the work of the respondent University or college.

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6 On behalf of the respondents the very maintainability of the writ Petition was questioned. Learned counsel for the respondent submitted that Petitioner had no right nor there is any obligation existing on the part of the respondents to entertain the demand of the Petitioner so as to accord a permission to the Petitioner to grant study leave to pursue the Ph.D program in other university while employed as Farm Manager/Farm Operations in the employment of the Krantisinha Nana Patil College of Veterinary Science, Shival affiliated to the respondent University. The respondent University imparts education for degree courses in Bachelor of Veterinary Science (B.V.Sc) & Animal Husbandry (A.H.) and Master Degree (M.V.Sc.) and Ph.D. in the related Courses. Petitioner was appointed as Farm officer/Farm Operations. The said post is not included in the academic officers/teaching Staff hence person working as Farm Manager has no right to avail of the study leave for to pursue higher education in another University. The Petitioner, therefore, is not entitled to take benefit of the Resolution No. 6 of 2014 in respect of academic officers of the rank of assistant professors and above, merely because for temporary duration the Petitioner had worked as Assistant professor prior to her appointment as Farm Manager.

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The said Resolution even otherwise is of recommendary nature for to place the subject before the academic Council of the University and not binding upon the respondent University. The said resolution was not approved by the academic Council nor executive council of the University in accordance with the scheme of the Maharashtra Animal and Fishery Sciences University Act (MAFSU Act). In our opinion no legal right was created in favour of the Petitioner for to avail of the study leave, as she sought to pursue study in Ph.D. in any outside University while in employment as Farm Officer. Besides this she was only Farm officer in the Krantisinha Nana Patil College of Veterinary Science, campus Shirval Farm, and according to the respondent the said college campus can not be managed without the presence of the Farm officer. Petition would not survive for judicial scrutiny for one more reason as nothing is pointed out to us to show that any Farm officer or any similarly circumstanced employee equal in rank or junior to the Petitioner in MAFSU was allowed to avail the study leave for to pursue higher studies in Ph.D in other University to believe any violation of Article 14 & 16 of the Constitution of India.

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7 For reasons stated therefore we do not find merit in the Petition. Petition is dismissed. Rule discharged. No order as to costs.

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(A.P.BHANGALE, J.) (NARESH H. PATIL, J.)

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Dr. Vidya D/O Gajanan Nimbalkar v. Maharashtra Animal and Fishery Sciences University and Anr.

Case brief

What is this about?

What did the court decide?

Dr. Vidya D/O Gajanan Nimbalkar v. Maharashtra Animal and Fishery Sciences University and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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