Study Leave For Higher Education Not A Matter Of Right: Chhattisgarh High Court Dismisses Lecturer's Plea
While reiterating that study leave cannot be claimed as a matter of right, the Chhattisgarh High Court has upheld an order of a Single-Judge, whereby the plea of a Mathematics Lecturer (appellant)– serving at Government Polytechnic College, seeking study leave to pursue PhD was rejected.The appellant had applied for permission to pursue higher studies before the Principal of the College,...
While reiterating that study leave cannot be claimed as a matter of right, the Chhattisgarh High Court has upheld an order of a Single-Judge, whereby the plea of a Mathematics Lecturer (appellant)– serving at Government Polytechnic College, seeking study leave to pursue PhD was rejected.
The appellant had applied for permission to pursue higher studies before the Principal of the College, who forwarded his application to the Secretary, Department of Skill Development. Subsequently, his application was accepted, and he took admission in the Government Nagarjun Post-Graduate Science College, Raipur, and later submitted an application seeking study leave.
As the application remained pending for long, the appellant filed a writ petition seeking directions for decision on his application for grant of study leave. The Single-Judge dismissed the plea, observing that the parameters of pursuing higher education required admission to an institute of national importance, which the petitioner failed to demonstrate.
When the order was challenged in a writ appeal, a Division Bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, while rejecting the appeal, observed,
“It is undisputed that a Government servant is permitted to pursue a course that serves the interest and advancement of the institution where he is discharging his duties. It is also undisputed that during the period of leave, the candidate continues to receive salary and other benefits, which are drawn from public funds. When public money is expended to facilitate higher education, it is imperative that such investment be utilized for the betterment of the institution as well as for the benefit of the public at large.”
In his challenge, the appellant argued that since he had already taken admission for the PhD course, which is the highest degree of qualification, he should be granted leave. He also relied on a 2022 Policy regulating study leave for PhD courses, and submitted that there was no finding rejecting or adversely commenting upon the said policy.
Upholding the Single-Judge's order, the Court observed that the eligibility criteria for pursuing higher education required admission to an institute of national importance, and the appellant had failed to satisfy the requisite condition. The Court also reiterated that leave for higher studies is not a matter of right but is subject to the discretion of the employer.
Accordingly, the appeal was dismissed.
Case Number: WA No. 64 of 2026
Case Title: Chitranjan Lal v. State Of Chhattisgarh