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DELHI HIGH COURT
V.KAMESWAR RAO
Ashok Kumar – Appellant
Versus
University of Delhi – Respondent
| Table of Content |
|---|
| 1. eligibility for study leave under ugc regulations (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments for associate professor eligibility (Para 6 , 7 , 8 , 9 , 10) |
| 3. ugc's stance against associate eligibility for study leave (Para 11 , 12 , 13) |
| 4. judicial interpretation of statutory provisions (Para 14 , 15 , 16) |
| 5. court's reasoning on interpretations of study leave regulations (Para 18 , 19 , 20 , 21) |
| 6. importance of following ugc guidelines (Para 22 , 23 , 24) |
| 7. counterarguments regarding past interpretations and application (Para 25 , 26 , 27 , 28) |
| 8. court's final ruling on the applicability of study leave petition (Para 29) |
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 F
Eligibility for study leave under UGC Regulations is restricted to entry-level appointees as Assistant Professors, thereby excluding Associate Professors from such entitlement.
Point of Law : Where two interpretations are possible, the Court would ordinarily be reluctant to accept that interpretation which would upset or reverse the long course of action and decision taken ....
Study leave with salary not a vested right; requires prior permission and subject to institutional exigencies like faculty shortage.
The denial of study leave to a medical officer during a pandemic is justified when based on expert assessments of public service needs, and such decisions are not subject to judicial review unless pr....
The court established that probationers may be granted study leave under extraordinary circumstances, despite general restrictions, and that differential treatment of similarly situated individuals i....
Probationers do not have a right to claim study leave; such leave is at the discretion of the government based on public service exigencies.
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