2025:CGHC:55463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9969 of 2025 1 - Chitranjan Lal S/o Shri Bhola Ram Aged About 31 Years Working As Lecturer (Mathematics) Government Polytechnic, Bijapur, District- Bijapur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur C.G. 2 - Director, Directorate, Skill Development, Technical Education And Employment, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur C.G. ---- Respondents For Petitioner : Mr. Somkant Verma, Advocate For State : Mr. Keshav Gupta, Govt. Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 13.11.2025 1. The petitioner has filed present writ petition with prayer to issue direction to the respondents to allow his application for grant of leave for higher studies i.e. P.H.D. (Mathematics). KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.11.13 18:24:06 +0530 2. A brief fact reflected from the record is that the petitioner is working as Lecturer (Mathematics) at Government Polytechnic College, Bijapur. The petitioner moved application for grant of permission for higher studies i.e. PHD before the Principal, Government Polytechnic, Bijapur. The Principal forwarded the application to the Secretary, Department of Skill Development, Raipur who vide order dated 26.09.2024 granted permission to the petitioenr for pursuing higher studies. The name of petitioner finds place at serial No. 24. The petitioner took admission in Government Nagarjun Post Graduate Science College, Raipur and thereafter, he moved application for grant of study leaves, which is still pending, therefore, present writ petition has been filed for direction to decide application for grant of his study leaves. 3. Learned counsel for the petitioner would submit that as per the policy dated 14.10.2022 at Clause 8 the study leave for pursuing M.Phil/PHD Course has been prescribed. Since, the petitioner has already taken admission for the PHD course which is highest degree of qualification, he should be granted leave. 4. On the other hand, learned counsel for the State along with Abhishek Awashthi, Nodal Officer, Technical Education would submit that until and unless the petitioner is able to overcome rider of granting permission that he should get admission in the institution which is of national importance like NIT, IIT, Centrally funded Technical/Educational/Research Institute (CFTI/CFI), Recognized Quality Improvement Programme Centres, he is not eligible for grant of study leaves for higher studies and therefore, would pray for dismissal of the writ petition. 5. I have heard learned counsel for the parties and perused the record. 6. It is not in dispute that a Government Servant is allowed to participate in the course which is in the interest and betterment of the institution where he is discharging his duties. It is not in dispute that during the leave, the candidate is granted salary and other benefits which is public money. If the public money has been spent for imparting higher education, same should be utilized for betterment of the institution as well as the public at large. 7. The parameters which have been set out for pursuing higher education is to take admission in the institute of national importance. The petitioner is unable to demonstrate that he has taken admission in the institute of national imporatance or he has fulfilled the requisite condition. Even otherwise, it is well settled position of law that leave cannot be claimed as a matter of rights, it is always subject to the approval from the employer. Considering the entire facts and materials on record, I am of the view that no illegality or irregularity has been committed by respondents in not granting study leaves to the petitioner. 8. Accordingly, the writ petition sans merits and it is dismissed. Sd- Sd/- (Narendra Kumar Vyas) Judge kishore