Rajasthan High Court says Leave for higher studies must be sanctioned to Employees [Download Order Copy]

The Rajasthan High Court provided relief to a clerk serving in the office of the District and Sessions Judge whose request for a two-year extraordinary leave to pursue a B.Ed. degree was previously denied.

Under Rule 96 of the Rajasthan Service Rules, 1951, temporary and permanent government employees not entitled to study leave under Rule 110 may apply for extraordinary leave for higher studies. Justice Arun Monga, referencing a previous case, ruled that while leave is not an absolute right, any rejection must be strongly justified, especially if the applicant has already secured admission and paid fees, as authorities cannot arbitrarily deny leave.

The petitioner had secured admission to a B.Ed. program, paid the fees, and applied for two years of extraordinary leave under Rule 96 to enhance her qualifications. However, her application was rejected on the grounds that the B.Ed. course was unrelated to her job duties and deemed not in the department’s interest.

The respondent’s counsel argued that leave is not a right and can be denied at the discretion of the authority if it conflicts with public service interests. The Court, however, found that the rejection lacked valid reasoning, noting that the petitioner’s application for extraordinary leave under Rule 96 was dismissed without proper justification. The Court cited a similar ruling from the Rajasthan High Court, which emphasized that leave denial must be firmly justified, especially when applicants have paid fees and secured admission.

Given these circumstances, the Court ruled in favor of the petitioner, stating that there was no basis to deny her leave under Rule 96. The authorities were ordered to approve her leave application within one week.