In a writ petition regarding study leave entitlement, the High Court of Kerala directed the respondent university to consider the petitioner's formal representation within six weeks of receipt.
Petitioner directed to file a representation. First Respondent to consider it within six weeks and take a decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 14TH DECEMBER 2006 / 23RD AGRAHAYANA 1928
WP(C).No. 21839 of 2004(Y)
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PETITIONER:
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SATHEESH KUMAR K.A., TUTOR IN PAINTING (NOW ON LEAVE WITHOUT ALLOWANCES FOR STUDY PURPOSE), DEPARTMENT OF PAINTING, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, MAIN CENTRE, KALADY, RESIDING AT KARYAPARAMBIL HOUSE,KOTTAKKANAL ROAD, NEAR LISSIE HOSPITAL, KOCHI-682 018.
BY ADV. SRI.K.P.DANDAPANI
RESPONDENTS:
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1. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY ITS REGISTRAR.
2. THE DIRECTOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY.
R1 & R2 BY SRI.K.ANAND, SC, SANSKRIT UTY. SMT.LATHA KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C). NO. 21839/04 Y
PETITIONER'S EXHIBITS:
// TRUE COPY//
PS TO JUDGE
K. M. JOSEPH, J.
W.P.C. NO. 21839 OF 2004 Y
Dated this the 14th December, 2006
JUDGMENT
Petitioner has sought four reliefs. As far as prayers 1 to 3 are concerned, counsel for petitioner submits that they have become infructuous. No Counter Affidavit is filed in this case. Counsel for petitioner submits that petitioner is entitled to study leave under Rule 10 of the Leave Rules recommended by the University Grants Commission, which is referred to in the Writ Petition. In view of the fact that no Counter Affidavit has been filed so far and no decision has been taken in this regard, the Writ Petition is disposed of as follows:
If the petitioner files a representation seeking grant of study leave on full pay for the period from 31.3.2004 to 31.3.2005 before the first respondent within a period of three weeks from today, first respondent will consider the same and take a decision in accordance with law, within a period of six weeks from the date of receipt of the representation.
K. M. JOSEPH, JUDGE
kbk.
1 issue framed by the court
Whether the petitioner is entitled to study leave under the University Grants Commission Leave Rules.
Satheesh Kumar K.A.
Sree Sankaracharya University of Sanskrit
K.M.Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
