ORDER

Per: SURESH KUMAR MONGA, MEMBER (J)

1. Original Application No.060/1454/2021 titled as Dinesh Lawat Vs. Chandigarh Administration & Others, Original Application No.060/1455/2021 titled as Rajesh Kumar Shyoran Vs. Chandigarh Administration & Others, Original Application No.060/1456/2021 titled as Lokesh Parshar Vs. Chandigarh Administration & Others and Original Application No.060/1457/2021 tilted as Vijay Kumar Vs. Chandigarh Administration & Others are taken up together for disposal as a common question of law and fact is involved in all these cases. With the consent of learned counsels for the parties, the facts are being extracted from the Original Application No.

060/1454/2021 titled as Dinesh Lawat Vs. Chandigarh Administration & Others.

2. Pleaded case of the applicant herein is that he possesses the qualification of B.Sc. Nursing. He joined the services of the respondent department as Nursing Officer on 16.10.2012. He wanted to pursue the M.Sc Nursing Course for the academic year 2021-22 and, therefore, submitted an application dated 13.10.2021 requesting thereon the respondents to issue a ‘No Objection Certificate’ to appear in the entrance examination to be conducted by Baba Farid University of Health Sciences, Faridkot. It is his pleaded case that the aim to pursue the said course is in public interest as he is keen to develop the higher skills and level of knowledge in the nursing practices to provide a higher standard of nursing care to patients.

3. It has further been pleaded that the applicant appeared and passed the entrance exam held on 22.10.2021 and ranked at Sr. No. 14 in the Merit list. He was called by the University for counselling on 29.10.2021. After undertaking an exercise of counselling, Baba Farid University of Health Sciences, Faridkot allotted him a seat in M.Sc. Nursing Course against Govt. quota in Saraswati Professional & Higher Education College of Nursing, Gharuan. Since the respondents had already granted ‘No Objection Certificate’, therefore, the applicant deposited the requisite fee to the tune of Rs.87,500/- on 29.10.2021.

4. It has further been averred that the Saraswati Professional & Higher Education College of Nursing, Gharuan is affiliated with the Baba Farid University of Health Sciences, Faridkot. The applicant submitted an application with Respondent no. 3 on 30th October, 2021 requesting therein to grant him study leave w.e.f. 8.11.2021 for a period of two years. The respondents also took a Bond from him on 12.11.2021 that in case he resigns from the services within a period of three years after completion of the aforesaid course, he would be liable to refund the salary amount with penalty. The applicant’s request for grant of study leave has been declined by the respondents while relying upon condition No. 5 of a letter dated 13.3.2012 according to which the study leave can be granted for the courses imparted by the Government Institutions only.

5. The applicant has also pleaded that the President of India issued a notification dated 13.1.1992 making therein a provision that if Chandigarh Administration does not have its own rules, then the rules governing the corresponding posts in the State of Punjab will be applicable ispo facto. The said notification has further been clarified by the Chandigarh Administration vide memo no. 29.10.1992 relating to applicability of Punjab Rules to the employees of Union Territory. It has further been averred that the Chandigarh Administration has not framed the Study leave Rules and, therefore, in view of the notification dated 13.1.1992, the Punjab Rules are made applicable. With all these assertions, the applicant has prayed for quashing of the order dated 29.12.2021 (Annexure A-16). A further prayer has been made for issuance of direction to respondents to grant him the study leave to pursue the M.Sc. Nursing Course.

6. It requires to be noticed here that the applicants in res