Rajasthan High Court - Jodhpur
Urn: Cw / 6425U / 2026Vineet Diwakar vs State Of Rajasthan (2026:Rj-Jd:23026) on 13 May, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:23026]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3489/2026
Vineet Diwakar S/o Chandra Prakash Diwakar, Aged About 37
Years, R/o 101, Near Railway Crossing, Azad Nagar, Merta Road,
Tehsil Merta, District Nagaur, 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, Swasthya Bhawan, Tilak Marg, Jaipur,
Rajasthan.
3. The Superintendent Mahatma Gandhi Hospital, Jodhpur,
Rajasthan.
4. Chief Medical And Health Officer (Cmho), Jodhpur,
Rajasthan.
----Respondents
For Petitioner(s) : Ms. Muskan Jangid
For Respondent(s) : Ms. Urmila Sharma for
Mr. Mukesh Dave.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 13/05/2026
1. The petitioner herein seeks directions to the respondents to grant him the benefit of study leave for the GNM training course of the year 2021-2022 attended by him, along with all consequential benefits.
2. Heard
3. At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by a judgment rendered by Jaipur Bench of this Court in the case titled Himmat (Uploaded on 13/05/2026 at 02:50:43 PM) (Downloaded on 13/05/2026 at 10:54:51 PM) [2026:RJ-JD:23026] (2 of 4) [CW-3489/2026] Singh & Anr. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.17843/2015) decided on 30.11.2022, wherein it has been 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 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 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 (Uploaded on 13/05/2026 at 02:50:43 PM) (Downloaded on 13/05/2026 at 10:54:51 PM) [2026:RJ-JD:23026] (3 of 4) [CW-3489/2026] 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 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. On a Court query, counsel for the respondents does not controvert that the case of the petitioner is similar to the one who was party in the judgment ibid, but submits that he is unable to give his consent as he does not have the instructions for the same.
(Uploaded on 13/05/2026 at 02:50:43 PM) (Downloaded on 13/05/2026 at 10:54:51 PM) [2026:RJ-JD:23026] (4 of 4) [CW-3489/2026]
5. Be that as it may, having perused the judgment, this Court is of the view that case of the petitioner is covered on all four squares and I see no reason why the benefit of the judgment relied upon by learned counsel for the petitioner be not given.
6. As an upshot, the instant petition is allowed in the same terms as judgment ibid. The impugned order dated 06.08.2025 (Annex.17) is quashed and set aside. The petitioner is held entitled for grant of study leave and he will also be entitled for the consequential reliefs, which flow from 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.
7. All pending application(s), if any, stand disposed of.
(KULDEEP MATHUR),J 55-sonia/-
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