Central Administrative Tribunal - Kolkata
Rajib Bag vs Education on 12 November, 2025
1 o.a. 351.00317.2023
CENTRAL ADMINISTRAT0VE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 351/00317/2023 Heard on 30.10.2025
Date of order: 12.11.2025
Present : Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Diwakar Singh, Judicial Member
Shri Rajib Bag, S/O: Sri. Saktipada Bag,
Permanently residing at Village - Jaikrishnapur.
P.O. Malighati Distt. Paschim Medinipur, PIN:
721211, working for gain as Lecturer (Computer
Engg.) in Dr. B. R. Ambedkar Institute of
Technology (DBRAIT), Pahargaon, Port Blair, A &
N Administration at present residing at Quarter
no. SPIU/T4/02, Dollygunj, DBRAIT Campus, Port
Blair, Dist: South Andaman, Pin - 744103.
...... Applicant.
- VERSUS-
1. The Union of India, through the Secretary,
Ministry of Education (Higher Education)
Engineering, Shastri Bhawan, New Delhi-
110001.
2. The Ministry of Home affairs through the
Secretary, North Block, New Delhi-110001.
3. The Director (ADMN.), through Secretary,
Department of Personnel & Training Ministry of
Personnel (DoPT), PG and Pensions Government
of India. North Block, New Delhi - 110.001.
4. The Chairman, through Secretary, All India
Council of Technical Education(AICTE), Nelson
Mandela Marg Vasant Kunj, New Delhi - 110070
5. The Lt. Governor (Administrator), Andaman &
Nicobar Islands, Raj Niwas, Port Blair-744101,
Digitally signed by DhanuRam Hansda
DhanuRam
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
PostalCode=711112, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=
DhanuRam Hansda
Hansda Reason: I am the author of this document
Location:
Date: 2025.11.19 13:45:02+05'30'
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2 o.a. 351.00317.2023
6. The Chief Secretary, Andaman & Nicobar
Administration, Secretariat Building, Port Blair
744101, A& N Islands.
7. The Commissioner cum Secretary (Hr.
Education), Secretariat Building, Port Blair -
744101, A & N Islands.
8. The Secretary (Hr. Education), Andaman &
Nicobar Administration, Secretariat Building,
Port Blair-744101, A& N Islands.
9. The Principal, Dr. B. R. Ambedkar Institute of
Technology (DBRAIT) Pahargaon, Port Blair-
744103, A& N Islands.
10. Shri Utpal Sharma, Shadipur, Port Blair.
through the Principal, DBRAIT, Pahargaon, Port
Blair-744103, A& N Islands.
11. The Head of the Department (Computer
Engineering) through Administrative Officer,
DBRAIT, Pahargaon, Port Blair - 744103, A& N
Islands.
12. The Administrative Officer, Dr. B. R.
Ambedkar Institute of Technology, Pahargaon,
Port Blair-744103, A& N Islands.
....... Respondents.
For the Applicant : Mr. J.R. Das, Counsel
Mr. S.K. Mukherjee, Counsel
For the Respondents : Mr. A.K. Chattopadhyay, Counsel
Dr. D. Chowdhury, Counsel
Digitally signed by DhanuRam Hansda
DhanuRam
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515,
PostalCode=711112, S=West Bengal, SERIALNUMBER=
c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN=
DhanuRam Hansda
Hansda Reason: I am the author of this document
Location:
Date: 2025.11.19 13:45:02+05'30'
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3 o.a. 351.00317.2023
ORDER
Per: Mr. Anindo Majumdar, Administrative Member:
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985 praying for the following relief(s):
"(i) Passed order directing the Respondent No. 7 (Chief Secretary) and/or higher authorities to issue 'No objection certificate for Regular Ph.D', approval of study leave (for regular Ph.D) and experience certificate as taught to the UG/B.Tech and Diploma students to apply for Ph.D in mainland on regular basis in UGC/AICTE approved institutions or IITs/ NITs etc. within a period of fifteen days (15 days) from the order passed.
(ii) Mandatory direction upon the respondents to take steps in this regards, specially Respondent No. 09 to issue forthwith 'No objection certificate for Regular Ph.D', and experience certificate as taught to the UG/B.Tech and Diploma students to apply for Ph.D in mainland on regular basis in UGC/AICTE approved institutions or IITs/ NITs etc, within a period of fifteen days (15 days) from the order passed. And for approval of study leave (for regular Ph.D) in accordance with law.
(iii) Direction upon the respondents authorities to allow the petitioner equal treatment in respect of benefits (including financial) to be equivalent such as Ph.D and post Ph.D experience at par with his juniors such as Dr. Sukhvinder Singh and Dr. Shrabani Mallick for upgradation/selection/filling of any post under A & N Administration in course of time.
(iv) This honorable court of Law may kindly articulate the name and designation of the officer(s) who is(are) responsible for the severe damage to the career (educational and service), mental agony, future avenues, monetary benefits etc. of your petitioner from the facts of the case with documentary evidences.
(v) An order be passed restraining the respondents to interfere, in any manner whatsoever, with the service of the applicant.
(vi) Any other order and/or orders, direction and/or directions be passed as this Hon'ble Tribunal deem fit and proper."
2. The facts of the case are summarised below:
2.1 The applicant is an Assistant Professor in the Dr. B.R. Ambedkar Institute, Pahargaon, Port Blair. The applicant has filed this Original Application since he is Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.19 13:45:02+05'30' Foxit PDF Reader Version: 2025.1.0 4 o.a. 351.00317.2023 aggrieved with the rejection of his prayer for issue of "No Objection Certificate" to pursue a regular Ph. D. Programme and for grant of study leave for this purpose.
3. We have heard the Ld. Counsel for both the sides and have considered the material on record.
4. At hearing, the submissions made by the Ld. Counsel for the applicant are summarised below:
4.1 The applicant was appointed to the post of Lecturer (Computer), Group 'A' Gazetted post in the Pay Band - 3 that Rs. 15600--39100/- + Grade Pay of Rs.
5400/- on a regular basis in the Dr. B.R. Ambedkar Institute of Technology, Pahargaon, Port Blair, vide Order No. 828 dated 10th July, 2012 (Annexure A-3). 4.2 The applicant had submitted a representation dated 16.03.2017 (Annexure A-6) seeking issue of NOC, experience certificate and grant of study leave for pursuing a Ph. D. Programme followed by a further representation with the same request dated 20.03.2017. The applicant had received a reply dated 06.04.2017 (Annexure A-7) wherein he was informed that he should submit his application for this purpose after completion of 5 years of continuous service. The applicant had thereafter submitted another representation dated 06.11.2017 on the same issue and he had received a reply stating that due to shortage of faculty in the Computer department it would be convenient to the institute if the Ph. D. Programme is pursued on a part time basis. He was also informed that the DBRAIT has signed a MOU with NIT Trichy and that as per the said MOU, faculty members of DBRAIT can pursue a part time Ph. D Programme for upgradation of their Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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5 o.a. 351.00317.2023 qualification. The applicant was asked vide the said Memorandum to convey his on consent/ views.
4.3 The applicant had submitted another representation dated 10.05.2018 addressed to the Principal, Dr. B.R. Ambedkar Institute of Technology, Pahargaon praying for issue of NOC, experience certificate and grant of study leave for pursuing Ph. D on regular basis wherein he had pointed out that although a junior lecturer namely Shri Sukhvinder Singh was granted study leave for pursing a Ph. D. Programme in July, 2017 he was not granted the same. He had, therefore, submitted a prayer for seeking study leave for pursuing a full time Ph. D Programme. A similar application was again submitted, vide his letter dated 14.08.2019 and letter dated 29.04.2019 (Annexure A-10). 4.4 The applicant was informed, vide Office Memorandum dated 15th May, 2019 that due to shortage of faculty, his request for grant of study leave can be considered only after the return of one Shri Sukhvinder Singh, Lecturer (Computer) from the study leave.
4.5 The applicant had again made a similar representation dated 29.04.2019 (Annexure A-10). He had, therefore, made similar prayer to the Secretary Higher Education A & N Administration vide letters dated 20.12.2019 & 21.12.2020 (Annexure A-15 & Annexure A-16) and had also submitted his grievance in this regard to the Hon'ble Lieutenant Governor, A & N Islands, vide his representation dated 28.07.2021 (Annexure A-18) & 21.01.2022. From the "Portal for Citizen Grievance Filing & Redressal" he had come to know that his grievances has been forwarded to Secretary (Higher Education).
Digitally signed by DhanuRam HansdaDhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.19 13:45:02+05'30' Foxit PDF Reader Version: 2025.1.0 6 o.a. 351.00317.2023 4.6 As per the guidelines for study leave for the faculty in All India Council for Technical Education (AICTE) notification dated 4th January, 2016, faculty members having a minimum period of regular service including the probation period are eligible for grant of study leave. The applicant was, therefore, eligible for grant of study leave.
5. At hearing, Ld. Counsel for the respondents submitted the guidelines for study leave for faculty in AICTE approved Institutions situation provide that although a faculty is eligible for grant of study leave after putting in a minimum of three years of regular service, the same can be granted subject to availability of teachers in the relevant position and the vacancy position.
6. He also submitted that a lecturer who was junior to the applicant had been sanctioned study leave since he had applied for the same earlier than the applicant. He therefore submitted that the applicant had not been discriminated against.
Findings
7. The applicant is an Assistant Professor in the Dr. B.R. Ambedkar Institute, Pahargaon, Port Blair under the Andaman and Nicobar Administration. The Guidelines for study leave for faculty in AICTE approved institution as notified vide Notification dated 4th January, 2016 are reproduced below:
"GUIDELINES FOR STUDY LEAVE FOR THE FACULTY IN AICTE APPROVED INSTITUTIONS Guidelines for grant of Study leave to Teachers and other academic staff entering into service without M. Tech/ Ph. D or other higher qualification in Degree/ Diploma level Technical Institutions are given below.Digitally signed by DhanuRam Hansda
DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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(i) Study leave may the granted with Pay to the appointees such as Assistant Professor/ Assistant Librarian/ Assistant Director of Physical Education (Degree level), to pursue for study (M.E,/M.Tech/Ph. D) or research in the discipline directly related to his/her work.
(ii) The number of years to be put in after entry should be a minimum of three years in regular service including the probation period, keeping in mind the availability of teachers in the discipline and the vacant positions.
(ii) The paid period of study leave should be two/three years for Master/ Doctorial level respectively. Two years may be given in the first instance, extendable by one more year for Ph. D program, if there satisfactory progress report by the Research Guide. Care should be taken to see that the regular academic work is not disturbed while granting study leave.
Explanation: in computing the length of service, the time during which a person was on probation engaged as a research assistant may be reckoned provided:
(a) The person is a teacher on the date of the application;
(b) He should have completed his probation period as specified in the concerned Institute statutes;
(c) There is no break in service; and
(d) The leave is requested for undertaking the M. Tech./Ph. D research work.
(iv) Study leave shall be granted by the Institution on the recommendation of the concerned Head of the Department.
(v) Study leave shall not be granted to a teacher who is due to retire within five year of the date on which he/she is expected to return to duty.
(vi) Study leave may be grunted not more than twice during one's career. The maximum study leave admissible during the entire service should not exceed five years.
(vii) No teacher, who has been granted study leave, shall be permitted to alter substantially the course of study or the programme of research without the prior permission at the Executive Council/Syndicated State Technical Education Department.
Any extension beyond the stipulated period shall be treated as leave without Pay.
(viii) The amount of scholarship, fellowship or other financial assistance that a teacher is granted during the study leave by any other agency, shall not preclude his/her being granted study leave with Pay and allowances but the scholarship etc., so received shall be taken into account in determining the Pay and allowance on which the study leave may be granted. The foreign scholarship/fellowship would be set off against Pay only if the fellowship is above a specified amount, which shall be determined according to Government of India rules, from time to time applicable and based on the cost of living for a family in the country is which the study is to the undertaken. In the case of an Indian fellowship, which exceeds the salary of the teacher, the salary would be forfeited.
(ix) Subject to the maximum period of absence from duty on leave not exceeding three years, study leave may be combined with earned leave, half Pay leave, extraordinary Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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8 o.a. 351.00317.2023 leave or vacation, provided that the earned leave at the credit of the teacher shall be availed at the discretion of the teacher. A teacher, who is selected to a higher post during study leave, will be placed in that position and get the higher scale only after joining the post.
(x) A teacher granted study leave shall on his/her return and re-joining the service of the Institute be eligible to the benefit(s) of the annual increment9s) which he/she would have earned in the course of time if he/she had not proceeded on study leave. No teacher shall however, be eligible to receive arrears of increments.
(xi) Study leave shall count as service for pension/contributory provident fund purposes, provided the teacher joins back in the Institute on the expiry of his/her study leave.
(xii) Study leave granted to a teacher shall be deemed to be cancelled in case it is not availed of within 12 months of its sanction.
Provided that where study leave granted has been so cancelled, the teacher may apply again for such leave.
(xiii) A teacher availing himself/herself of study leave shall undertake that he/she shall serve the Institute for a continuous period of at least three years to be calculated from the date of his her resuming duty on expiry of the study leave.
(xiv) After the leave has been sanctioned, the teacher shall execute a bond in favour of the Institute, binding himself/herself for the due fulfilment of the conditions laid down in sub-clauses above and given security of immovable property to the satisfaction of the Finance Officer/Treasurer of a fidelity bond of an insurance company or a guarantee by a scheduled hank or furnish security of two permanent teachers for the amount which might become refundable to the Institute in accordance with sub-clause (xiii) above.
(xv) The teacher shall submit to the Head of the Institution, the progress report at a frequent interval of 6 months in his/her studies through his/her supervisor. This report shall reach the Head of the Institution of within one month of the expiry of every six months term of the study leave. If the report does not reach within the specified time, the payment of leave salary may be deferred till the receipt of such report."
8. The applicant has submitted several representations to the competent authority praying for grant of NOC, experience certificate and study leave for pursuing a Ph. D Programme on full time basis. He has in his O.A., submitted that he wishes to pursue the full time Ph. D. Programme at IIT, Kharagpur instead of pursuing a Ph. D. Programme on a part time basis. The prayer of the applicant was initially rejected by the respondents on the ground that he had not Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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9 o.a. 351.00317.2023 completed 05 years of service as per the extant rules. Subsequently, the respondents has rejected his prayer for grant of study leave that the shortage of faculty in the Dr. B.R. Ambedkar Institute of Technology and had stated that his case could be considered only after the returned one Shri Sukhvinder Singh, Lecturer (Computer) who had been earlier granted study leave.
9. The grant of leave of any kind including study leave is not a matter of right for any Government servant. Study leave is granted to faculty in Academic/ Professional Institutions to enable them to upgrade their qualifications. Moreover, obtaining a Ph. D. qualification is essential for the career advancements of faculty members.
10. The applicant satisfies the AICTE norms for grant of study leave for pursuing a Ph. D. Programme. His request for pursuing a full time regular Ph. D. Programme was however been rejected on one ground and other. The respondents while dealing his request of the applicant for study leave etc. ought to have acted in a fair and unbiased manner.
11. In view of the above discussion, we direct the Principal, Dr. B.R. Ambedkar Institute of Technology or any other competent respondent authority to consider the prayer of the applicant for grant of study leave, issue of NOC for pursuing of a full time Ph. D. Programme in any reputed Institution, taking into account the guidelines of the AICTE and the extant service rules and to grant the same to the applicant if he is eligible in all respects within a period of 02 (Two) months from the date of receipt of a certified copy of this order. Digitally signed by DhanuRam Hansda DhanuRam DN: C=IN, O=Personal, T=6595, OID.2.5.4.65= 1335963871619011253g9LkE5GCXYJC4, Phone= ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
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12. With the aforesaid directions, the O.A. is accordingly disposed of without any order as to cost.
(Diwakar Singh) (Anindo Majumdar)
Judicial Member Administrative Member
Drh
Digitally signed by DhanuRam Hansda
DhanuRam
DN: C=IN, O=Personal, T=6595, OID.2.5.4.65=
1335963871619011253g9LkE5GCXYJC4, Phone=
ae67f2fe2825a3d09ab7e1f6c3245d45a1b89c1257419c6eb7e8dad5b6505515, PostalCode=711112, S=West Bengal, SERIALNUMBER= c6a08597b4f862e0885e118c2835105ca8a490fa0a973f858e89b777a0a70d71, CN= DhanuRam Hansda Hansda Reason: I am the author of this document Location:
Date: 2025.11.19 13:45:02+05'30' Foxit PDF Reader Version: 2025.1.0