Eligibility for study leave under UGC Regulations is restricted to entry-level appointees as Assistant Professors, thereby excluding Associate Professors from such entitlement.

JUDGMENT

V. Kameswar Rao, J. The present petition has been filed by the petitioner with the following prayers:

"In view of the abovementioned facts and circumstances, it is humbly prayed that this Hon'ble Court may be pleased to:

(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:

"8.2 STUDY LEAVE:

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(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