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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, J.
Dr. Ashok Kumar - Petitioner
Versus
University Of Delhi & Anr. – Respondents
W.P. (C) 7928 of 2021, CM APPL. 24630 of 2021
Decided On : 27-09-2021
Constitution Of India,1950 – Article 14 - Petition has been filed by petitioner seeking a direction to University of to grant him study leave to enable him to proceed to CERN-Geneva for undertaking Assignment of Technical Coordinator – Court may at this stage also state that University has in its communication rejected said request of petitioner, on basis of a communication/clarification received by it from University Grants Commission letter - Petitioner joined University as an Assistant Professor o - In 2010 Regulations were framed by UGC in relation to study leave and sabbatical leave - In guidelines were issued to revise 2010 Regulations - Petitioner was promoted to post of Associate Professor under Career Advancement Scheme issued by UGC - Whether stand of UGC in its letter to University in following manner, resulting in denial of study leave, is justified.
Finding of the Court : Court is of view that it shall not be appropriate to sit in appeal over decision of an expert academic body such as UGC, unless Regulation is inherently arbitrary, discriminatory or ultra vires law - It is clear that bracketed portion was included in revised guidelines with a view to bring clarity to its earlier Regulations of 2010,study leave shall be granted to entry-level appointee as Assistant Professor to exclusion of Associate Professor who are otherwise eligible for sabbatical leave on completion of seven years of service - Reliance placed by on cases wherein University/College have granted study leave to Associate Professors is misplaced - Reference made of two more cases is/are not supported by any document, hence cannot be considered - Further, they cannot be relied upon to construe intent of Regulations as noted above. In any case, Regulations for study leave as exist today are in place since and submission of that except above cases, no other case has been pointed by is appealing. That apart, in view of my conclusion above, grant of study leave to Associate Professors, cannot be justified. In any case, assuming two interpretations are possible, Supreme Court in case of as relied upon held that where two interpretations are possible, Court would ordinarily be reluctant to accept that interpretation which would upset or reverse long course of action and decision taken by such educational authorities.
Result : Petition dismissed
JUDGMENT :
V. KAMESWAR RAO, J.
1. The present petition has been filed by the petitioner with the following prayers:
(a) May issue Writ of mandamus against the Respondent No.1 to grant to the Petitioner study leave enabling him to proceed on the Assignment of Technical Co-ordinator at CERN-Geneva in terms of 'UGC Regulations On Minimum Qualifications For Appointment Of Teachers And Other Academic Staff In Universities And Colleges And Measure For The Maintenance Of Standards In Higher Education, 2018 and corresponding Regulations of the university of Delhi as amended in 2019.
(b) Pass any other order this Hon'ble Court deems fit and proper in the present circumstances.”
2. This petition has been filed by the petitioner seeking a direction to the University of Delhi (‘University’ for short) to grant him study leave to enable him to proceed to CERN-Geneva for undertaking the Assignment of Technical Coordinator. I may at this stage also state that the University has in its communication dated August 23, 2021, rejected the said request of the petitioner dated March 16, 2021, on the basis of a communication/clarification received by it from the University Grants Commission (‘UGC’, for short) vide letter dated July 30, 2021.
3. The petitioner joined the University as an Assistant Professor on March 26, 2008. In 2010 Regulations were framed by the UGC in relation to study leave and sabbatical leave. In the year 2013, guidelines were issued to revise the 2010 Regulations.
4. On April 01, 2018, the petitioner was promoted to the post of Associate Professor under the Career Advancement Scheme issued by the UGC.
5. On July 18, 2018 a Gazette notification was issued by the UGC notifying its Regulations called as UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Maintenance of Standards of Higher Education, 2018 (‘Regulations’, for short). These Regulations include provisions for grant of study leave/sabbatical leave. Regulation 8.2 refers to study leave and similarly 8.3 refers to sabbatical leave. Relevant provisions are reproduced as under:
xxx xxx xxx
(iii) The study leave shall be granted to an entry-level appointee as Assistant Professor/Assistant Librarian/Assistant Director of physical Education and Sport/College DPE&S (other than as Associate Professor or Professor of University/College/Institution, who is otherwise eligible for sabbatical leave) after a minimum of three years of continuous service, to pursue a special line of study or research directly related to his/her work in the University/College/Institution or to make a special study of the various aspects of University organisation and methods of education, giving full plan of the work.
8.3 Sabbatical Leave:
(i) The permanent, whole-time teachers of the university and colleges who have completed seven years' of service as a Reader/Associate Professor or a Professor may be granted sabbatical leave to undertake study or research or any other academic pursuit solely for the object of increasing their proficiency and usefulness to the university and higher education system. The duration of leave shall not exceed one year, at a time, and two years in the entire career of the teacher.
xxx xxx xxx”
6. The submission of Mr. M. A. Niyazi, learned counsel for the petitioner is primarily that the rejection of the request of the petitioner for grant of study leave because the petitioner is no more Assistant Professor and as an Associate Professor, he is not eligible for the same, is totally erroneous because as per the Regulation referred to above, the petitioner being an entry-level appointee as an Assistant Professor and now being an Associate Professor, who has not completed seven years of service as Associate Professor, and being not eligible for sabbatical leave, need to be granted
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