Rajasthan High Court - Jodhpur
Kontay Patel vs State Of Rajasthan (2025:Rj-Jd:21960) on 7 May, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:21960]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8841/2025
Kontay Patel S/o Late Shri Govind Ram Patel, Aged About 34
Years, R/o Bera Shiv Nagar, Village Barna, Bilara Road, District
Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Medical
Health And Family Welfare Department, Rajasthan, Jaipur.
2. The Director (Non-Gazatted), Medical And Health
Services, Rajasthan, Jaipur.
3. The Principal Medical Officer, District Hospital Paota,
Jodhpur.
4. The Superintendent, Mahatma Gandhi Hospital, Near
Jalore Gate, Jodhpur.
----Respondents
For Petitioner(s) : Ms. Muskan Jangid for
Mr. Jitendra Choudhary
For Respondent(s) : Mr. Mukesh Dave, A.G.C.
HON'BLE MS. JUSTICE REKHA BORANA
Order
07/05/2025
1. Learned counsel for the petitioner submits that the
controversy in question rests covered by the judgment passed by
a Co-ordinate Bench of this Court at Jaipur in S.B. Civil Writ
Petition No.17843/2015: Himmat Singh & Ors. & Vs. The
State of Rajasthan & Ors. (decided on 30.11.2022).
2. Learned counsel for the respondent-Department does not
refute the above submission and agrees that the present issue
would be covered by the said judgment.
[2025:RJ-JD:21960] (2 of 4) [CW-8841/2025]
3. In the case of Himmat Singh (supra), it was observed and
held as under:
"I have heard the submissions made by learned counsel for
the parties and perused the material available on record.
This Court deems it proper to quote Rule 112 of the
Rajathan Service Rules, 1951 as under:-
"112. Condition for grant of Study leave.- (I) Study
leave shall be granted to enable a Government servant:-
(i) to pursue a course of study or investigation of a
scientific or technical nature either in India or outside
India provided that it is certified by the authority
competent to sanction that the grant of study leave will
be in the interest of the working of the department or the
service to which the Government servant belongs. The
authority competent to grant study leave shall ensure
that it is not granted to a Government servant with such
frequency work or to cause cadre difficulties owing to his
as to remove him from contact with his regular absence
on leave. A period of 12 months at one time should
ordinarily be regarded as a suitable maximum and should
not be exceeded save for exceptional reasons.
(ii) The total period of study leave during the entire
period of service of a Government servant shall not be
more than 24 months. It may be taken in one spell or
more than one spell. Study leave may be combined with
other kinds of leave, but in no case shall the grant of this
leave in combination with leave, other than extra-
ordinary leave, involve a total absence of more than
twenty-eight months from the regular duties of the
Government servant.
(2) Study Leave is extra leave on half pay and leave
salary during such leave shall be regulated in accordance
with rule 97(2).
(Emphasis supplied.)
This Court on bare perusal of the Rule 112 of the Rajasthan
Service Rules, 1951 finds that the study leave is granted to
Government servant to enable him to pursue the course of study
and grant of study leave should be in the interest of working of
the Department or the service to which Government Servant
belongs.
This Court finds that if the study leave is in the interest of
the working of the Department, then it cannot be said that the
person, who is in Class-IV cadre and acquires qualification of
[2025:RJ-JD:21960] (3 of 4) [CW-8841/2025]
GNM, the same would not be in the interest of working of the
Department.
The submission of learned counsel for the respondents that
the Rule 112 of the Rajasthan Service Rules, 1951 also provides a
condition that if the Government Servant wants study leave, it
should be in the interest of the service to which Government
servant belongs, this Court finds that if the Rule making authority
has clearly demarcated two situations by giving benefit of study
leave in the interest of the working of the Department as well as
in the interest of service to which Government servant belongs
plain and purposeful interpretation has to be made of such Rule.
The rule making authority has kept in mind that it is the
working of the Department, which is benefited by virtue of
acquiring higher qualification by the employee and as such the
employee belonging to cadre of Class-IV cannot be presumed, to
be not acquiring such course of study, which would ultimately not
be in the interest of working of the Department.
This Court had occasion to consider the similar issue in the
case of Dr.Sheikh Mohmmad Afzal (supra) and the relevant
portion of the order is quoted hereunder:-
"The submission of learned counsel for the
respondents that the candidate, if appointed in a
particular stream, later on joins in Post-graduation in
other stream and as such, the change of stream cannot
be in benefit of the State, as when such candidate reverts
back, he is appointed on the same post, this Court finds
that if the Senior Demonstrator or Assistant Professor
acquires higher education/Post-graduation in Medical
Science, his/her study or knowledge cannot go waste and
the same can always be used by the Government,
considering the higher education acquired by such
candidate."
The submission of learned counsel for the respondents that
the benefit, which was granted to the other candidates has been
withdrawn or wrong orders if has been passed in past will not give
right to the petitioners to claim benefit of study leave, this Court
finds that the Rule making Authority once has provided in Rule
112 of the Rajasthan Service Rules, 1951 making a person
entitled for grant of study leave in the interest of the working of
the Department, such entitlement cannot be denied to the
Government Servant.
This Court accordingly finds that the order dated
25.08.2015, has not been passed by the respondents in legal and
proper manner and accordingly, the same is set aside. The
petitioners are held entitled for grant of study leave and they will
also be entitled for the consequential reliefs, which flow from
[2025:RJ-JD:21960] (4 of 4) [CW-8841/2025]
granting of study leave. The compliance of this order will be made
within a period of six weeks from the date of receipt of certified
copy of this order.
The present writ petition stands allowed, accordingly."
4. In view of the above, the present writ petition is allowed in
the same terms and conditions as in the case of Himmat Singh
(supra).
5. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
181-praveen/-
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