A single-judge bench of the High Court of Chhattisgarh, BILASPUR on 04.02.2019 in DILESHWARI Vs. STATE OF CHHATTISGARH (WP(S) 150 of 2019) disposed of the writ petition. The bench was headed by Justice P. Sam Koshy.

FACTS:

The petitioner had applied for grant of study leave for pursuing her Ph.D course in Social and Water Engineering. The petitioner had already completed 2 and ½ years of the three years Ph.D course. While undergoing Ph.D course, the petitioner got appointment and therefore she moved an application for grant of study leave so that her Ph.D course may be completed. But the same was rejected by the respondents. Whereas similarly placed persons who were appointed along with petitioner were granted study leave by the department ignoring one rule on which her claim was rejected, which resulted in this petition.

ISSUES:

·       Whether there was partiality on the side of respondents?

·       Validity of the granted study leaves

CONTENTIONS:

By petitioners:

·       That respondents were being partial while granting permission to the petitioner which was granted to others similarly placed persons.

·        That the petitioner should also be granted or extended similar treatment.

·       That the respondents had ignored the rule condition under which the claim of the petitioner was rejected on the earlier occasion while granting study leave to other similarly placed persons.

OBSERVATIONS:

The court observed that:-

·       The partiality was done by the respondents.

·       It was unfair to grant study leave to one and rejects others claim.

·       The case of the petitioner appears to be under reconsideration before the respondents no. 1 &2.

HELD:

The court disposed of the writ petition and given the following directions for respondents no. 1&2:-

·       To take a decision within a period of 10 days from today.

·     While taking a decision they shall also keep in mind the sanction/ approval granted to identically placed persons who were appointed along with the petitioner.

·       To take a decision positively before 23.02.2019.

For full judgement refer:

[embeddoc url=”http://cg.nic.in/hcbspjudgement/judgements_web/WP(S)150_19(04.02.19).pdf” download=”all”]