HIGH COURT OF UTTARAKHAND

Shobha Budhlakoti vs State Of Uttarakhand & Others

Writ Petition (S/S) No 411 of 2024 On 15 March 2024

Hon'ble Judges: Pankaj Purohit

Case Type: Writ Petition (S/S)

Final Decision: Petition allowed

Advocates: B.P.S. Mer, R.C. Joshi

Citations: 
2024 0 CJ(Utt) 162

ACTS REFERRED: 

font-size: 16px;" > By means of this writ petition, petitioner has challenged the orders dated 102024 and 002024, annexure-9 to the writ petition, passed by Chief Education Officer, Nainital and Additional Director, Secondary Education, Kumaon Mandal, Nainital, respectively, whereby the study leave applied for by the petitioner w.e.f.

Judgement Text

1. By means of this writ petition, petitioner has challenged the orders dated 12.02.2024 and 06.02.2024, annexure-9 to the writ petition, passed by Chief Education Officer, Nainital and Additional Director, Secondary Education, Kumaon Mandal, Nainital, respectively, whereby the study leave applied for by the petitioner w.e.f. 04.03.2024 to 22.05.2024 has not been granted.

2. Heard learned counsel for the parties.

3. The petitioner is presently posted as Assistant Teacher, L.T. Grade (Hindi). It is the case of the petitioner that petitioner is enrolled in Ph.D. course in subject Hindi and she has taken N.O.C. from the respondent-department, which is annexed as annexure-1 to the writ petition. For the purpose of pursuing the Ph.D. course, some intermittent leave, is required, therefore, she moved an application dated 29.02.2024 to the competent authority i.e. respondent nos.3 & 4 to grant her study leave for the period of 04.03.2024 to 22.05.2024. But, vide impugned orders the said application was rejected by the respondents; and the petitioner is before this Court.

4. On 14.03.2024, learned State Counsel was directed to seek instructions in the matter as to why the leave was not sanctioned to the petitioner.

5. Today, written instructions dated 15.03.2024 have been supplied in the Court, which