Neutral Citation No. - 2025:AHC:85253 Court No. - 6 Case :- WRIT - A No. - 3695 of 2025 Petitioner :- Saitan Ram Jethu Respondent :- Union Of India And 7 Others Counsel for Petitioner :- Santosh Kumar Singh,Utkarsh Prakash Singh Counsel for Respondent :- A.S.G.I.,Dhananjay Awasthi,Hem Pratap Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Petitioner was pursuing M.Sc. (Nursing) First Year when he was selected on the post of Nursing Officer on 09.10.2020 and admittedly, he appeared in the examination of IInd Year of M.Sc. (Nursing) as a regular student during service without any permission though he had taken leave for a period of 10 days for appearing in exams and subsequently he passed M.Sc. (Nursing). 2. No objection was raised by respondent-BHU since M.Sc. (Nursing) was not required qualification rather it was a higher qualification. Now, after few years, a dispute arose when a policy was adopted by BHU that who have acquired M.Sc. (Nursing), they will get some financial benefit and at that stage, scrutiny was made and case of petitioner was found that since neither he has disclosed about fact that he was pursuing second year of M.Sc. (Nursing) when he got appointment nor he has taken any permission to participate as regular student though there is a reference of leave to take examination of IInd Year of M.Sc. (Nursing), therefore, claim of petitioner for financial benefit was rejected. 3. It is argued by Sri Santosh Kumar Singh, learned counsel for petitioner that since it is beneficial financial scheme, therefore, petitioner may not be unsuited only on a ground that no permission was granted or above referred fact was not informed when selection took place as well as no specific permission was granted to pursue IInd Year of M.Sc. (Nursing) as not only degree is still valid but in same circumstances, financial benefits were given to other employees. 4. S/Sri Hem Pratap Singh, learned counsel for BHU has opposed above submissions and submits that a decision was taken by BHU by a notification dated 06.03.2023 which is quoted below :- “It has been observed that some University employees are applying for outside employment on their own volition, without taking permission/NOC from the Administration. Subsequently after passing/clearing such examination(s), they apply for NOC, either for document verification or to appear for the interview. Further, it has also been observed that some employees have not informed Administration about the details of applications submitted by them for other employment, prior to joining this University, and they also demand NOC after passing/declaration of results. Similarly often belated request from employees are received for inclusion of their degrees/certificates in their service records, which they did not mention in their application for employment or at the time of joining this University, despite passing the degree/certificate prior to joining the University. The competent authority has viewed such acts seriously and passed order that henceforth all such requests will be summarily rejected.” 5. Learned counsel also submits that case of petitioner will not cover within scheme as well as said notification is not under challenge. 6. Dhananjay Awasthi, learned counsel for UGC submits that it is up to BHU since policy has been adopted by BHU, therefore, it has to be implemented in its true spirit and they have no stand so far as cases such as of petitioner are concerned. 7. I have considered above submissions. 8. It may be a case that petitioner has not disclosed about a fact that he was pursuing IInd Year of M.Sc. (Nursing) when he was appointed but it could not fall within category of misrepresentation as well as there is an application for seeking leave wherein he has disclosed about fact that he has to take examination of said degree which has not been disputed and was granted leave. No objection was taken against petitioner if he has committed any misconduct by pursuing IInd Year of M.Sc. (Nursing) without permission during last 5 years, therefore, at this stage, to take such objection would be against the interest of justice. 9. In aforesaid circumstances, above referred technical objection taken by BHU is unsustainable and since degree M.Sc. (Nursing) is still valid and no objection was taken while granting permission to participate in exam of said degree as well as since benefit is only financial and there is no dispute that BHU has adopted said scheme in 08.12.2022, therefore, this writ petition is disposed of with an observation that petitioner is otherwise entitled for financial benefit provided in Scheme adopted by BHU and he may not be unsuited on aforesaid grounds. Order Date :- 21.5.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad