Can Probationers pursue regular LL.B? Supreme Court questions HC relief despite Service Rules Bar

The Supreme Court has issued notice on a plea challenging a Chhattisgarh High Court ruling that permitted a probationary court employee to continue his LL.B as a regular student, despite service rules restricting such academic pursuits. The move brings into focus the balance between employee rights and institutional discipline, with potential implications for service jurisprudence across government establishments.

The dispute traces back to the appointment of an Assistant Grade-III in a District Court on probation, where initial permissions were granted to pursue legal studies. However, the landscape shifted with the introduction of the Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023, which barred employees from appearing in academic courses as regular students, permitting only private or correspondence modes.

When permission for the third year was declined under the new framework, the employee approached the High Court, where a Single Judge allowed the request by invoking saving provisions. This relief, however, was overturned by a Division Bench, restoring the authority’s decision and prompting the present challenge before the apex court.

The Top Court while entertaining the challenge, flagged the broader administrative concerns underlying the issue, particularly the impact on discipline and compliance within judicial institutions. The earlier High Court order itself had noted that granting such permission carries “direct implications on administrative discipline, office functioning, and statutory compliance.”

Taking cognisance of these concerns, the Court has now sought responses from the parties, keeping the legal question open for authoritative determination.

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