Bhim Singh aged vs Govt. Of NCT Of Delhi And Ors

The applicant was appointed as a Lecturer on 20.12.2012 in District Institute of Education and Training (DIET) under State Council of Educational Research and Training (SCERT), which is an organisation under Government of NCT of Delhi. He is a regular employee. He already has a Master‟s Degree qualification in Tourism, Economics and Education. He also has a degree of M.Phil. in Economics. The applicant desired to increase his qualification to Ph.D. in a field related to his work in DIET. He sought permission for the said course. The NOC to undertake Ph.D. in GGSIP University, Delhi, on part time basis, was communicated on 29.07.2016.

The applicant had accordingly initiated the Ph.D. course and it is pleaded that the course work has since been completed. Towards fulfilment of Ph.D. qualification, some more work is required to be done and applicant pleads that he now needs to undertake the same on full time study leave basis. He requested the respondents to grant him study leave for two years vide his representation dated 17.07.2018. There was no response so he made a second representation on 24.09.2018. This also went unreplied.

Feeling aggrieved, the applicant preferred the OA No.4277/2018. This was decided on 20.11.2018 with the following directions:

"3. In view of the limited prayer made by the learned counsel for the applicant, the respondents are directed to decide the aforesaid representations of the applicant by way of a reasoned and speaking order within two months from the date of receipt of a certified copy of this order. It is made clear that nothing has been commented on the merit of the case. The OA is disposed of, accordingly, at the admission stage."

In compliance thereof, the respondents have passed an order dated 11.01.2019, which reads as under:

"Whereas Sh. Bhim Singh, is working as Lecturer-1 (DRU) in SCERT in the PB-II (9300-34800) with 5400 (GP). And whereas, on his request dated 10.07.14, he was granted No Objection Certificate (NOC) for appearing in interview for admission in Ph.D in GGSIPU, vide letter dated 28.07.14. And whereas, he was granted permission for persuing Ph.D from GGSIPU Delhi, as part time course, vide Memorandum No. F.1.10 (181)/SCERT/Admn/PF/2013/4034 dated 29.07.16, on the following terms and conditions:

i. The work of SCERT/DIET shall always have priority over and above anything;

ii. The Council shall have full right to withdraw the permission once granted without giving any notice or assigning any reason therefore;

iii. Permission once granted will lapse if not availed or after the completion of the course for which the permission was granted.

iv. The permission will be further subject to the conditions laid down by the Council from time to time.

v. The permission does not ipso-facto confer any right on the officer for his continued posting in this Council for duration of the course.

vi. His pursuit of studies should be without detriment to efficient discharge of his official duties.

vii. The grant of permission will not entitle the officer to leave office as his discretion. On occasions requiring his presence in office beyond office hours he will stay in office till the time required without any objection and will forgo his classes if warranted in public interest.

viii. The administration will accept no responsibility for his failure to complete percentage of compulsory, attendance prescribed for the cours, if any, on this accounts.‟

ix. The permission will not entitle him to claim leave for the preparation of examination. Leave, if any, required for appearing in the examination will be sanctioned subject to the title and exigencies of work and subject to the condition that SCERT will not provide Study Leave for the same.

And whereas, he had applied for Study Leave with pay for pursuing Ph.D vide applications dated 17.07.18 and 24.09.18 respectively, vide which he had submitted that he is pursuing Ph.D programme a Part Time research scholar in USE on "A Comparative Study of the issues and Quality concerns of D.El.Ed Institutes of Delhi" from GGSIPU Dwarka, Delhi after obtaining the necessary permission from SCERT vide Memorandum No. 1.10 (181) SCERT/Admn/PF/2013/4034 dated 29.07.2016.

And whereas, the No Objection Certificate (NOC) dated 29.07.2016 was granted for persuing a part time course only.

Now, therefore, the matter has been examined in the light of terms & conditions of Memorandum No.F. 1.10 (181) SCERT/Admn/PF/2013/4034 dated 29.07.2016 and particularly in view of the condition No.9 of Memorandum for pursuing part time Ph.D. i.e. "The permission will not entitle him to claim leave for the preparation of examination. Leave, if any, required for appearing in the examination will be sanctioned subject to the title and exigencies of work and subject to the condition that SCERT will not provide Study Leave for the same" the undersigned, being the Competent Authority, after consideration of the facts and the records, hereby, rejects request of Sh. Bhim Singh for grant of Study leave for persuing Ph.D from GGSIPU Dwarka, Delhi."

Since two years study leave has been refused, the applicant has felt aggrieved and the instant OA has been filed. The applicant is seeking directions to the respondents to grant him two years study leave.

The applicant pleads that in the past, two other similarly placed Lecturers, namely, Dr. S.V.Malik was granted six months full time study leave in the year 2006 and one another Dr. Neelam was granted two years full time study leave in 2010. Since he is similarly placed, he is being discriminated.

Applicant also relied upon the rules in respect of grant of study leave as are contained in FRSR-III Leave Rules. Specific attention was drawn to the following:

"50. Conditions for grant of study leave

(1) Subject to conditions specified in this Chapter, study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo, in or out of India, a special course of study consisting of higher studies or specialized training in a professional or a technical subject having a direct and close connection with the sphere of his duty.

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(6) Study leave shall not be granted to a Government servant with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave."

Applicant has also pleaded that faculty strength in DIET is complete and he has submitted the full details and pleaded that work assigned to him can be performed by some other faculty easily and respondents can grant him study leave of two years, as requested. It is seen from the faculty strength statement annexed that there are total 15 members in the faculty as of 01.02.2019 in which 9 are regular, 5 are contract teachers and one is a guest teacher.

Per contra, the respondents opposed the OA. It was pleaded that the basic purpose of DIET is to impart education to the students and grant of full time study leave to the faculty member leads to depletion of faculty strength which adversely affects the quality of education being imparted. It was in consideration to these aspects that permission was accorded to the applicant on 29.7.2016, to take part time study leave. The terms and conditions of the said study leave are already contained in the said NOC and are reproduced in the order issued on 11.01.2019 (para 3 supra).

It was further pleaded that the two cases quoted by the applicant of Dr. S.V.Malik and Dr. Neelam were granted study leave long back in 2006 and 2010 respectively and as of present no one has been granted full time study leave and as such there is no discrimination.

On a specific query by the Tribunal, the factum of no one having been granted full time study leave in the year 2016, was confirmed by the applicant.

It was pleaded by respondents that grant of full time study leave is not possible in view of the commitments by applicant as per NOC and the purpose of DIET to impart quality education to its students.

Matter has been heard at length. Ms. Neelima Rathore, learned counsel represented the applicant and Ms. P.K.Gupta, learned counsel represented the respondents.

DIET is an organisation which undertakes education. Keeping this in view, it is in the interest of faculty members to upgrade their skills by way of acquiring higher qualifications. However, depletion of faculty strength on account of their being deputed to undertake study course on full time basis also leads to reduced number of available staff to impart education.

While it is true that a higher qualified faculty will lead to better quality instructions and education to the students, there is a need to do a balancing act. It is, in this context, that the respondents had permitted the applicant to undertake Ph.D. course on a part time basis. This cannot be faulted.

While completion of Ph.D. by the applicant would be in his personal interest, this completion will also serve the purpose of the Institute to impart better education to its students. Ph.D. is an intensive course and there may be occasions where full time engagement of the candidate is essential to complete the same. On being queried, the applicant specifically indicated that if not for two years, his request for six months study leave may be considered by the respondents.

While no specific directions are being issued to the respondents to sanction the study leave, yet it is expected that when there is absolute need for full time study leave, either in one spell or in broken spells to a maximum of total six months, the same shall be considered and granted by the respondents. In the event, it is not granted, a reasoned and speaking order will need to be passed by respondents. Applicant shall have liberty to approach Tribunal in case of grievance on such speaking order. Instant OA is disposed off with these directions. No costs.