Himachal Pradesh High Court
Praveen Kumar vs State Of H.P & Ors on 4 January, 2024
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8673 to 2023
Decided on: 4.1.2024
.
____________________________________________________
Praveen Kumar ....Petitioner
Versus
State of H.P & ors. ...Respondents
Coram
The Hon'ble Mr. Justice Ranjan Sharma, Judge.
Whether approved for reporting?1 YES
For the petitioner : Mr. Ajit Sharma, Advocate.
For the respondents : Mr. Vishal Panwar, Additional
Advocate General, for the
respondents-State.
Ms. Archna Dutt, Advocate, for
HPU
Ranjan Sharma, Judge (oral)
The petitioner, an Inspector of Police, in
respondent-department has filed the instant petition
seeking the following reliefs:-
"1. That Annexure P-9, dated 28.9.2023
may kindly be quashed and set aside.
Whether reporters of Local Papers may be allowed to see the judgment?
2. That respondent No.1 may kindly be
directed to sanction study leave to
petitioner to undergo LL.B Degree Course
.
for 3 years."
2. Since the study leave was denied to the
petitioner, in violation of the Rules and was granted to
other similar incumbents, therefore, in this background, the
wit petition was filed. On 7.11.2023, this Court had passed
the following orders:-
"CWP No.8673 of 2023 and CMP No. 16209 of 2023
Notice, Mr. Vishal Panwar, learned Additional
Advocate General, appears and waives service of
notice on behalf of the respondents.
2. The case of the petitioner, as submitted by Mr.
Ajit Sharma, is that the petitioner is an Inspector of
Police. He is recipient of President's Police Medal as
well as Prime Minister's Police Medal for life saving,
and recipient of United Nation's Police Medal, DGP
Disc twice and has around 78 Commendation
Certificates in his favour. These averments show that
the petitioner has exemplary service records.
3. Mr. Ajit Sharma, submits that the petitioner
made a request on 25.02.2023, Annexure P-2, for
study leave, for pursuing three years LL.B Degree
commencing from September, 2023 from Himachal
Pradesh University, which was forwarded to
Respondent No 2-Director General of Police on
08.05.2023, Annexure P-3. Meanwhile, the petitioner
who had applied for admission to LLB. Course, was
issued Admit Card, as per Annexure P-4 and he
qualified the Entrance Examination for LL.B. 1
Semester dated 11.08.2023, Annexure P-5, as
conveyed by Himachal Pradesh University. After
.
qualifying the Entrance Examination, the
Respondent No.2 issued the NOC in favour of the
petitioner as per communication dated 08.08.2023,
Annexure P6, sent to Principal, Police Training
College.
4 The issuance of NOC on dated 08.08.2023,
Annexure P-6 was conveyed to the petitioner in
17.08.2023, Annexure P-7. Since the matter had
reached at an advanced stage, therefore,
respondent No.2 addressed a communication to
Respondent No. 1-Addl. Chief Secretary dated
22.08.2023, Annexure P-8, for conveying
approval/sanction of Study Leave to the petitioner,
but, surprisingly. Respondent No.1 has passed a
cryptic order on 28.09.2023, Annexure 9, which
reads as under:-
*From
The Secretary (Home) to the
Government of Himachal
Pradesh
To
The Director General of
Police, Himachal Pradesh,
Shimla 2.
Dated Shimla-171002 the 8.9.2023
Subject: Regarding sanction of study leave
to undergo 03 years LLB Degree
Course in r/o Inspr Parveen Kumar.
Sir,
I am directed to refer to your letter
number P-II(4) Study Leave/2018 dated 22.08 2023
on the subject cited above and to say that the
case for granting study leave in favour of applicant
.
Inspector Praveen Kumar was examined but the
same could not find favour of the authorities.
Yours faithfully,
Sd/-
(J.N. Uppadhyay)
Deputy Secretary (Home) to the
Government of Himachal Pradesh"
5,
In this backdrop, Mr. Ajit Sharma submits that
the order dated 28.09.2023, Annexure P-9 suffers
from four infirmities, firstly, it is a non-speaking order,
secondly, a perusal of the communication dated
28.08.2023, Annexure P-10, shows that once
Respondent No.1, has granted two years [twenty-
four months] Study Leave, under Rules 51 and 53 of
CCS (Leave Rules), 1972 to other similarly placed
incumbents and for the period beyond twenty-four
months, an employer was to avail other, kind of
leave (ie. E.L/EOL) to complete same LL.B. Course;
thirdly, the NOC issued by the Department on
08.08.2023, Annexure P-6, which is still in force; and
fourthly, when after passing of the rejection orders
on 28.09.2023 (Annexure P.9), the petitioner has
submitted representation on 03.10.2023 (Annexure
P-11) which remains un-redressed till day and,
therefore, the denial of similar benefits of Study
Leave to the petitioner for undergoing three years
LL.B. Degree Course from Himachal Pradesh
University during the session commencing from 2023
was discriminatory, arbitrary and not in the spirit of
law.
6. In this backdrop, this Court, at this stage,
deems it appropriate to grant an opportunity to the
learned Additional Advocate General to present his
case by filing Short Reply/Instructions within two
.
days, in view of the urgency, that the academic
session of LL.B. Course in University has recently
commenced.
7. Faced with this situation, Mr. Vishal Panwar,
learned Additional Advocate General prays for and
is granted, two days' me to furnish Instructions or to
file Short Reply in the matter
8. List on 10.11.2023."
3.
Thereafter, the matter was listed on 10.11.2023,
whereby this Court had passed the following order:-
"CWP No.8673 of 2023 and
This Court had issued notice to the
respondents with a direction to file short reply in
view of the urgency of the matter on 07.11.2023.
2. Mr. Vishal Panwar, learned Additional
Advocate General, has furnished a copy of
Instructions 09.11.2023 and in Para-4 of the
Instructions, it has been stated that Director
General of Police, Himachal Pradesh, has acted
efficiently by referring the matter to the
Secretary (Home) to the Government of
Himachal Pradesh on 03.10 2023, Annexure R-7,
and thereafter on 06.10.2023, Annexure R-8, but
the decision is pending The Instructions dated
09.11.2023 alongwith Annexures are taken on
record.
3. Keeping in view the orders passed by this
Court on 07.11.2023 and the urgency involved
therein, as referred to therein, this Court had
.
directed the respondents to re-look into the
matter. It is a very sorry state of affairs that
despite directions of this Court, the matter has
not been re-looked into, in accordance with the
norms and law. The Instructions which are
furnished today in the Court, are documents
which already are borne out from the writ
records.
4. In this view of the matter, this Court directs
the Principal Secretary (Home) to the
Government of Himachal Pradesh, to re-look
into the issue and pass appropriate orders of
which reference has made by the Director
General of Police, an referred to in the
Instructions filed today. which already form part
of the writ records and decide the matter by
16th November, 2023, positively.
5. In case the matter is not looked into and
orders are not passed keeping in view the
averments made in the writ petition and the
earlier orders of this Court then, this Court shall
be constrained to pass further orders on merits.
6. At this stage, Mr. Ajit Sharma submits that
he is filing an application for impleading
Himachal Pradesh University as party
respondent today and keeping in view the
urgency of the matter, the application may be
taken up today itself.
7. In view of the urgency in the matter, as
already noticed, in case the application is filed,
the same be put up before this Court by 03:00
.
p.m. today."
10.11.2023 Present: Mr. Dilip Sharma, Senior
Advocate, with Mr.
Ajit Sharma, Advocate, for
the petitioner.
Mr. Vishal Panwar,
Additional Advocate
General for the respondents.
CMP No._______ 2023
Be registered.
The applicant/petitioner has filed the
instant application seeking impleadment of
Himachal Pradesh) University as party
respondent No.4 in these proceedings.
Ms. Archana Dutt, learned counsel,
appears and waives service of notice on behalf
of respondent No.4-Himachal Pradesh
University.
Since, the instant application is formal in
nature, the prayer made for impleadment is
granted, which is not opposed by either of the
contesting party. Application is allowed and
respondent-Himachal Pradesh University is
impleaded as respondent No.4, in these
proceedings.
Application stands disposed of.
CWP No.8673 & CMP No.16209 /2023
This writ petition was taken up in the pre
lunch session, when learned counsel for the
.
petitioner has expressed urgency in the matter
to the effect that till the time, the Principal
Secretary (Home) takes a final decision in the
study leave case of the petitioner, akin to those
of other similarly situate persons, who have been
sanctioned the study leave qua undergoing
three years LLB Course from Himachal Pradesh
University, wherein the petitioner had qualified
the aforesaid exam.
Learned counsel for the petitioner submits
that in case the interim orders are not passed,
therefore, the Himachal Pradesh University may
fill up the available seat of 1 Semester in three
years LLB Course, which has commenced
recently in September, 2023.
In continuation of the order passed on
10.11.2023, in pre lunch session, this Court directs
the Himachal Pradesh University that one seat in
1" Semester of three years LLB Course, which has
commenced recently in September, 2023, be
kept vacant, if already vacant.
Respondent No.4, may also file reply, if any
and the matter be listed on 16.11.2023."
4. In terms of the order referred to above, the
State authorities were directed to re-look into the matter.
This Court was again constrained to pass an order on
24.11.2023, which reads as under:-
"In terms of orders dated 10.11.2023, this Court
has impleaded Himachal Pradesh University as
party respondent No.4 in these proceedings,
.
with a direction to respondent No.4-University to
file the reply on or before the next date, Le.
16.11.2023, but the records reveal that no reply
has been filed till day. This Court, in view of the
urgency in the matter, directed Himachal
Pradesh University-respondent No.4 that one
seat in 1 Semester of Three Years' LL.B. Course,
which has commenced recently in September,
2023, be kept vacant, if already vacant.
2. This Court in orders dated 10.11.2023 and
orders dated 16.11.20223, had adjourned the
matter to enable the learned State Counsel to
have instructions in the matter, so that case of
the petitioner for grant of Study Leave, on the
analogy of other similar incumbent, which was
pending before Principal Secretary (Home) to
the Government of Himachal Pradesh, was
taken to its logical end.
3. Today (24.11.2023), Mr. Vishal Panwar
learned Additional Advocate General, has
placed on record Instructions dated 22.11.2023
enclosing communication dated 22.11.2023
from Deputy Secretary (Home) to the
Government of Himachal Pradesh, addressed
to Director General of Police. Himachal
Pradesh, which reads as under:-
"I am directed to refer your letter No Law 1-
E-2142039/2023 dated 17.11.2023 on the
subject cited above and to say that the
applicant was heard in person on
22.11.2023 by the Secretary (Home). After
hearing him, it was agreed in principle to
consider his case of study leave favourbly,
.
the formal order of which will be issued
after obtaining the approval of the
competent authority i.e. Hon'ble CM.
Therefore, it is requested to apprise the
Hon'ble Court of the position and seek at
least two weeks' time."
4. In view of these Instructions, Mr. Vishal
Panwar, learned Additional Advocate General,
submits that since in-principle approval of Study
Leave has already been granted, but formal
approval is underway from the competent
authority, for which two weeks' time, as prayed
for, may be extended.
5 However, Mr. Ajit Sharma, learned counsel,
submits that the last date for deposit of
fee/papers for 1st Semester of Three Years' LL.B.
Course, with respondent No.4-Himachal Pradesh
University, is expiring today (24.11.2023).
6. In view of the exigencies so expressed,
which is not disputed by the opposing counsel,
this Court directs Principal Secretary (Home) to
the Government of Himachal Pradesh, to seek
formal approval from the competent authority
on or before 1st December, 2023, However, this
Court directs respondent No.4-University to
entertain the fee, in cash alongwith documents,
if any, provisionally, today itself (24.11.2023), in
case, a seat in 1st Semester of Three Years' LL.B.
Course was vacant [as on date of passing of
orders by this Court on 10.11.2023].
7. An authenticated copy of this order, be
supplied to the learned counsel forthwith.
8. In view of the orders passed today, this
.
Court requests the opposite counsel to inform
the State Authorities as well as respondent No.4-
University for compliance of this order.
List on 04.12.2023."
5. Today [on 4.1.2024] Mr. Vishal Panwar, learned
State Counsel submits that in compliance to the directions
passed by this Court, the respondents have accorded the
two years study leave to the petitioner on 28.11.2023,
which reads as under:-
"Annexure R-I
Government of Himachal Pradesh.
Home Department
From
Secretary (Home) to the
Government of Himachal Pradesh
To
The Director General of Police,
Himachal Pradesh, Shimla-2
Dated Shimla-171002 the 26/11/2023.
Subject: Sanction of 2 years Study Leave for
3 years LLB Degree Course.
Sir.
I am directed to refer to your letter No. P-
2(4)/0139(INST)/3/2023-131811 dated 06.10.2023
on the subject cited above and to convey the
.
approval of the Government to grant two years
study leave in favour of Sh. Parveen Kumar,
Inspector of PTC Daroh to do LLB course
commencing from the session 2023-24, from HP
University in accordance with the provisions
contained under Rule 51 of CCS (Leave Rules),
1972 subject to the condition that he will have
to execute a bond as required under Rule 53 (4)
(a) and (b) before being relieved.
2. Undertaking may be taken from official
that if the duration of the course of study
exceeds 24 months, and course being pursued
is not completed within 24 months then they will
apply/avail the other kind of leave (ie. E.L/EOL)
to complete the remaining period of the LLB
course as admissible under CCS Leave Rules,
1972.
Yours faithfully.
(J.N Uppadhyay)
Deputy Secretary (Home) to the
Government of Himachal Pradesh"
6. The above facts are not disputed by Mr. Ajit
Sharma, Advocate for the petitioner, who corroborates the
facts-averments contained in the instructions dated
2.12.2023 (taken on record), whereby the study leave for
24 months stands accorded to the petitioner so as to
pursue the LLB Course [of three years] and the period
.
beyond 24 months shall be treated/adjusted towards the
period of leave due [EL/EOL] of the petitioner, as
contained in communication dated 26.11.2023, as referred
to above.
7. In view of this background, since the relief(s)
prayed for stand accorded, the instant writ petition stands
disposed of, in the aforesaid terms, alongwith all pending
applications, if any.
( Ranjan Sharma)
January 4, 2024 Judge
(mamta)
