IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 25 OF FEBRUARY, 2026 WRIT PETITION No. 21103 of 2022 ANIL KUMAR SHARMA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Prashant Singh Kaurav - Advocate for the petitioner.

Shri Sohit Mishra- GA for the respondents/State.

ORDER Petitioner has filed this writ petition challenging the order dated

31/8/2022 (Annexure P/1), whereby, the NOC granted to him earlier for pursuing Ph.D. course, has been cancelled. He has also prayed for a direction to respondents to extend him the benefit of study leave as per Circular dated 7/10/2015 and as per M.P. Civil Services (Leave) Rules, 1977.

2. Petitioner is possessed of B.E. (Electricals), M.Tech. (Electricals)

qualifications. He was initially appointed on the post of Lecturer (Electricals) on 8/10/2010 in Govt. Polytechnic College, Nowgong, Chattarpur. The appointment was on contract for a period of three years. On completion of three years, he was regularized in service w.e.f. 2/11/2013 vide order dated

25/4/2015.

3. In order to pursue Ph.D. course, petitioner applied for permission from the Principal of the College on 31/3/2022. The Principal accorded permission vide letter dated 27/4/2022. The permission was however subject to Clause अ,अ(1),अ(2) of Circular dated 7/10/2015 and the M.P. Civil Services (Leave) Rules, 1977 (for short "Rules of 1977"). The petitioner contends that, based upon NOC given by Principal of Nowgong College, he joined the Ph.D. course and started pursuing the same in Tagore University, Raisen.

4. Petitioner was then sent on deputation on 20/05/2022 to Govt.

Polytechnic College, Datia. This was done pursuant to the instructions issued by the Directorate of Technical Education and Skill Development Department. Petitioner accordingly joined in the College at Datia and is presently posted there. The Principal of the College at Nowgong wrote to the Principal of College at Datia on 16/6/2022 expressing his no objection, if the petitioner is permitted to pursue his Ph.D. Course. This was done in view of the fact that permitting the petitioner to pursue course may effect the teaching work of the College at Datia.

5. Principal of the College, thereafter issued the impugned communication dated 31/8/2022 (Annexure P/1), whereby, the permission granted by him earlier has been cancelled. This has been done in view of certain instructions issued by the Directorate vide Circular dated 4/8/2022. Challenging this communication, petitioner has filed this writ petition praying for aforementioned reliefs.

6. Challenging the impugned action of the respondents, learned counsel for the petitioner argued that cancellation of NOC based upon the circular issued subsequently is illegal inasmuch as the Circular issued on 4/8/2022 would not have the retrospective effect. It is his submission that no reason has been assigned to reject the NOC to the petitioner and further that since the petitioner is now not working in the College at Nowgong, petitioner's going on study leave would not adversely effect the work at Nowgong. He further submitted that Circular dated 7/10/2015 provides for engaging guest faculty in case any permanent faculty has gone on study leave. Learned counsel further submitted that the impugned communication has been issued by the respondent no.6 without any logic and by misinterpreting the circular dated 4/8/2022.

7. Learned counsel for the petitioner further submitted that Ph.D.

course would be beneficial for the petitioner for his career advancement inasmuch as Ph.D. is one of the qualification for further promotion. He submitted that as per Rule 42 of the Leave Rules, 1977, he is eligible and entitled for study leave for which the NOC was already issued by respondent no.6 in his favour. He further submitted that acting upon the NOC, the petitioner has taken admission to pursue Ph.D. course and has also deposited fees for the same. Therefore, cancellation of NOC is not permis