C.P. Dewangan filed a writ petition seeking study leave against Guru Ghasidas Central University. The High Court held the petition infructuous as the coordinate bench's order resulted in a constituted committee rejecting the application, rendering further petition premature.
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Digitally signed by RAMESH KUMAR VATTI
2024:CGHC:30791
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
W.P.(S) No. 2737 of 2021
... Petitioner
Versus
... Respondents
For Petitioner : Mr. D.K. Swain, Advocate For Respondents : Mr. Rajnish Singh Baghel and Ms. Chetna Sharma, Advocates
Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board
14.08.2024
“ 10.1 The Hon’ble Court may kindly be pleased to issue suitable writ, direction or order to the respondent to grant study leave to the petitioner as he is eligible for the same being the senior most faculty in the department.
10.2 The Hon’ble Court may direct the University to grant the petitioner, if required, conditional study leave in view of the revised guidelines issued by the UGC since the petitioner is prepared to execute the undertaking as specified in para No. 12 and para No. 13 (d).
10.3 The Hon’ble Court may direct the University not to grant the study leave to any junior faculty till the case of the petitioner is finally decided.
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10.4 The Hon’ble Court may direct the University that under any circumstances they should not withheld the increment of the petitioner on the ground of Ph.D. since he is not allowed study leave to complete the degree not due to fault in his part but due to wrong action by the University.
10.5 The Hon’ble Court may kindly direct the University to comply the order of this Hon’ble Court dt. 18.5.2018 in the matter of this petitioner in WPS No. 4362 of 2013.
10.6 Any other relief which the Hon’ble Court feels deem and proper, may also be passed in favour of the petitioner.”
“Learned counsel for the University would submit that case of petitioner in WPS No. 2737 of 2021- C.P. Dewangan for grant of study leave has been rejected on the pretext that service of the petitioner has not been regularized. Subsequently on 23.03.2021, service of the petitioner has been considered and regularized, therefore, ground for denial of the study leave to the petitioners has already been diluted by act of the University itself. He would further submit that case of the petitioner in WPS No. 6974 of 2021- Leeladhar Rajput was also allowed on the count that the petitioner was not found eligible for study leave.
Learned counsel for the petitioner would submit that Mr. Ganesh Shukla has already reported on duty on 12.07.2021, therefore, prima facie, sufficient faculty member is available, as such, case of both the petitioners can be considered strictly in accordance with the policy, circular of UGC available with the University so that the interest of the student may not be adversely affected.
Since both the cases are inter-connected, therefore, it is directed that the University shall re-examine case of both the petitioners within 15 days from the date of receipt of copy of this order as per policy of the University, considering the fact that 15% teacher of total faculty members in respective branch can be granted for study leave and also considering the faculty
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members of Department of Industrial & Production Engineering which is
13, therefore, 15% of the same is 1.95 i.e. 2 candidates can be granted study leave.
It is also directed that the University shall constitute a committee within time 15 days from the date of receipt of copy of this order and will take decision on the issue of grant of study leave to both the petitioners. The interim order passed by this Court is modified to that extent.
It is hope and trust that the University shall conduct the proceeding in affirmative manner without there being prejudice to anybody impartial manner.”
Sd/- (Rakesh Mohan Pandey) Judge
vatti
C.P. Dewangan
Guru Ghasidas Central University
School Board for School of Studies of Engineering and Technology
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
