SHILLONG, India, April 6 -- Meghalaya High Court issued the following judgment/order on March 5:
1. The petitioner who is currently posted as Head Constable (Fitter) being aggrieved with the rejection of his application for Study Leave to pursue a Diploma in Civil Engineering by the respondents, is before this Court by the instant writ petition for quashing of the rejection letter dated 28.11.2024, and for directions to grant NOC for Study Leave to enable him to pursue the Diploma in Civil Engineering.
2. The other surrounding facts are that the petitioner having joined service in 2015, being desirous of being promoted to the next post of SI (Civil) upon due completion of tenure of service, was intending to pursue a Diploma in Civil Engineering, as for being eligible to the promotional post, a Diploma in Civil Engineering was required. The petitioner had then applied for admission in Sai Nath University at Ranchi and had secured an offer for admission for the said 2(two) year Diploma Course in Civil Engineering (Lateral Entry) from the concerned University whereafter, he submitted his application for grant of permission from the respondents on 31.07.2024. The petitioner's application was then returned for want of certain conditions that were required to be fulfilled which the petitioner after compliance, were re-submitted. Thereafter, after certain other clarifications and documents as required had been submitted, the respondents favourably recommended the petitioner's application and forwarded the same for further process. However, on 10.10.2024, it was communicated that the petitioner's case was not covered under the applicable Service Rules and this also resulted in the cancellation of his admission secured at Sai Nath University, as he was required to obtain the NOC by 15.10.2024. However, it appears as brought on record by affidavit, the petitioner has again secured admission to pursue the Diploma in Civil Engineering at Babu Dinesh Singh University, Jharkhand for the Academic Session, 2026-27. The only issue therefore, is to examine the rejection of the application by the respondents, as to whether the same is arbitrary and unreasonable, or whether the same was as per, and in accordance with the prevalent Service Rules, in this case, the CCS (Leave) Rules, 1972.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqMNkwtu4l27popKC3OW0wHL5cF0w3Om15ItmOy2IillG&caseno=WP(C)/486/2024&cCode=1&cino=MLHC010015952024&state_code=21&appFlag=)
Disclaimer: Curated by HT Syndication.
