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AKIL KURESHI, UMA SHANKER VYAS
State of Rajasthan – Appellant
Versus
Kamaldeep Khatri – Respondent
JUDGMENT
1. All these proceedings arise out of common background. They have been heard together and would be disposed of by this common judgment.
2. We have heard learned Advocates for the respective parties in writ petitions and appeals respectively, who at our request appeared on advance copy, since the central issue involved is common and is also raised in Writ Petition No.5532/2020 which has been placed along with this group. Delay in filling the appeals is condoned in each appeal.
3. The central issue arising is the request of the medical officers appointed in government service for grant of study leave during the period of probation which the government resists. This issue has come up before this Court on number of occasions but so far has been dealt with by learned Single Judges. There has been a diversion of opinions. In some cases, the learned Single Judges have allowed the writ petitions and directed the government to grant study leave. In some cases, the petitions have been dismissed. These issues are otherwise also time bound. Once the study leave is granted under interim or final order of the learned Single Judge and the employee joins the higher PG medical course, even o
Probationers do not have a right to claim study leave; such leave is at the discretion of the government based on public service exigencies.
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....
The court emphasized that administrative decisions must be reasoned, and the absence of a speaking order invalidates the denial of study leave under the CCS Rules.
Employees are entitled to study leave as per CCS (Leave) Rules if eligibility criteria are met, and the authority cannot arbitrarily deny this entitlement once it has been established.
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