Rajasthan High Court - Jaipur
Mukesh Gupta S/O Laxmi Chand Gupta vs The State Of Rajasthan on 19 December, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12329/2019
Mukesh Gupta S/o Laxmi Chand Gupta, Aged About 39 Years,
R/o 21 Hb Nagar Extension Naka Madar, Ajmer Presently
Working As Assistant Professor, Engineering College, Ajmer.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary Technical
Education Secretariat, Jaipur
2. The Joint Secretary Technical Education Department,
State Of Rajasthan, Secretariat, Jaipur.
3. The Principal, Engineering College, Ajmer, N.h. 8, Barliya
Circle, Ajmer
----Respondents
For Petitioner(s) : Mr. Reashm Bhargava For Respondent(s) : Mr. C.L. Saini, AAG
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment 19/12/2019 The petitioner by way of this writ petition challenges the order dated 9th July, 2019 and prays that the respondents be directed to grant permission in terms of Clause 7 of the Policy and allow the petitioner to pursue Ph.D. Degree Programme Course at IIT, New Delhi where he has been selected under the Quality Improvement Programme and he may be allowed to be treated on deputation for three years with full salary and allowances.
Learned counsel submits that Quality Improvement Programme has been notified to all the institutes by All India Council Technical Education and it has been stated that with a view to improve the quality of technical education, all DTEs and (Downloaded on 07/06/2021 at 08:04:08 AM) (2 of 7) [CW-12329/2019] Secretaries of higher education of all the States are directed to improve QIP Scheme for all the eligible Teachers working in technical institutions. Management of self-financing institutions are also directed to encourage their faculty members to participate in QIP/TRF/QIP (Foreign University). Keeping in the same Policy for higher study leave in Government Aided Autonomous Engineering College under Technical Education Department was issued by the Government of Rajasthan, Technical Education Department wherein it was laid down:
3. Categories of Study leave permission.
A permanent faculty may opt the following categories for study leave permission.
1. Category 1 - M.Tech (Full-Time, Full-Pay, Under QIP)
2. Category 2 - Ph.D. (Full-Time, Full-Pay, Under QIP)
3. Category 3 - M.Tech (Full-Time, Half Pay, Non QIP)
4. Category 4 - Ph.D (Full-Time, Half Pay, Non- QIP)
5. Category 5 - M.Tech (Part-Time, Full-Pay)
6. Category 6 - Ph.D. (Part-Time, Full-Pay)
7. Salary during study leave.
The faculty members deputed under study leave for higher qualification are allowed to draw salary as per the SCHEDULE (Annexure 2) The provisions of entitlement of half pay shall be governed as per prevalent rule of Rajasthan Service Rules as amended time to time.
However, as per the conditions as laid down by the AICTE for QIP, the faculty members pursuing M. Tech. or Ph.D. Under QIP scheme are to be paid normal salary (full pay). The 50% of the salary under QIP scheme shall be paid to the candidate in equal installments after returning to parent institution and fulfilling the Bond Period as per the condition of the bond.
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9. Other Conditions.
i. At any point of Time the Number of faculty
members to be allowed to pursue (M.Tech./Ph.D.)- Full time from any branch of any institute will not be more than 10% of the working strength of Permanent Faculty.
ii. At any point of Time the Number of faculty members to be allowed to pursue (M.Tech./Ph.D.)- Part time from any branch of any institute will not be more than 20% of the working strength of Permanent Faculty.
iii. Faculty members pursing (M.Tech/ Ph.D). - Part time will not be allowed to join the Course (M.Tech./Ph.d.) in the working hours of the parent Institute.
iv. Faculty members who are permitted to pursue Ph.D. under QIP shall not be entitled for a study leave of more than 3 years. The extra requirements of leave shall be deducted from the candidates account (CL/PL/Without pay etc.) v. Faculty members who are permitted to pursue M.Tech/ Ph.D. (Full time-Half pay) shall not be entitled for a study leave of more than 2 years. The extra requirements of leave shall be deducted from the candidates account (CL/PL/Without pay etc.) vi. The faculty members who have already taken the benefit of the QIP scheme will not be permitted to acquire further higher degree under QIP scheme. However such candidates may be permitted only if no eligible candidate is left within the prescribe quota for higher studies.
vii. It will not be a right of the faculty to get permission of higher study only on the basis of selection by some institute.
viii. The Government can withdraw the study leave permission at any point of time due to administrative reasons. "
Learned counsel submits that petitioner has availed the benefit of QIP Scheme for doing M.Tech. Course but the same does not debar him from availing the benefit of QIP Scheme as (Downloaded on 07/06/2021 at 08:04:08 AM) (4 of 7) [CW-12329/2019] there is no other eligible candidates left within the prescribed quota for higher study.
Learned counsel submits that petitioner has applied in the course and the Principal had informed the Additional Chief Secretary about petitioner having been selected under the QIP Scheme for Ph.D. Accordingly, the petitioner was required to be relieved for pursuing higher study on deputation for three years on full pay. Learned counsel submits that while another Assistant Professor (Atul Choudhary) was allowed to pursue Ph.D. course in the same college, Ajmer by the Joint Secretary vide his letter dated 10th March, 2017. A different course has been adopted by the respondents and they have denied to the petitioner the benefit of QIP Scheme and only allowed him to go on study leave for two years with half salary similar to the provisions of the RSR vide order dated 9th July, 2019.
Learned counsel submits that in the order dated 9th July, 2019, the Point No.8.03 of the Board of Governor meeting dated 20th June, 2019 has been mentioned which was not in relation to the petitioner's case but it was in relation to another case of one Ankit Panch who was claiming study leave for Ph.D. Programme from Bharatpur. The case of the petitioner was placed before the Board of Governor. The decision of Board of Governor was that of the Bharatpur Society would not cover the case of the petitioner as the Board of Govenor of the Engineering College, Ajmer has not taken any such decision. The petitioner submits that he has to join the course by 27th December, 2019, failing which he would be denied to join Ph.D. Programme in IIT, New Delhi.
Learned counsel submits that a certificate in this regard is required to be submitted that he has been sent under QIP (Downloaded on 07/06/2021 at 08:04:08 AM) (5 of 7) [CW-12329/2019] Programme on deputation for three years with full salary and allowances as per letter dated 4th June, 2018.
Per contra, learned Additional Advocate General submits that petitioner has no right to claim benefit of QIP and the institute which is a Government Aided Autonomous Engineering College can always deny such benefit which is claimed by the any candidate. Learned counsel submits that on account of financial constraints, the respondents have taken a decision to allow only two years study leave on half pay as provided under the Rajasthan Service Rules and the benefit of QIP Scheme has not been provided. Learned counsel submits that sanction for applying for higher course was taken from the Principal who was not authorised and the petitioner was required to take sanction from the Board of Governor which was not taken.
I have considered the submissions.
The Policy of allowing higher qualification under the QIP Programme has been adopted by the State of Rajasthan. The petitioner had duly applied and the Principal had also informed the Government about the petitioner having been selected under the QIP Scheme for higher education Ph.D. It was also informed that session will start from 2019-2020 onwards and sanction in this regard be issued. The respondents have however not allowed the petitioner under the QIP Scheme and instead allow study leave for two years with half salary similar to provisions of the Rajasthan Service Rules. For the said purpose, they have taken recourse to a decision of the Board of Governor of Engineering College, Bharatpur in its meeting held on 20th June, 2019.
In the opinion of this court, the Board of Governor, Government Engineering College, Bharatpur could not have taken (Downloaded on 07/06/2021 at 08:04:08 AM) (6 of 7) [CW-12329/2019] a decision with regard to teacher teaching in Ajmer Engineering College and there is no document on record to show that Board of Governor, Government Engineering College, Bharatpur has taken any decision not to grant QIP benefit to the petitioner. As per the Policy as noted above, a candidate who is a permanent faculty may opt for Ph.D. study leave which shall be provided full pay under QIP Scheme. The other category of study leave permits under Category 6 is full time half pay non-QIP and part time full pay. Admittedly, the petitioner had applied for, under Category 2 which was sanctioned to him. After having been sanctioned and having been selected for QIP Scheme and as per Clause 7 when the State Government itself has provided that under QIP Scheme normal salary (full pay salary) to be paid the respondents cannot be allowed to change the terms & conditions under which the petitioner was selected. The selecting body has also issued a letter dated 4th June, 2018 allowing the petitioner to join only under the QIP Scheme and to remain on deputation for three years with full salary and allowances. If the respondents are allowed to change the said Ph.D. scheme to that of two years half salary the course for which the petitioner has applied would not be available to him. Thus virtually by order dated 9 th July, 2019, the petitioner is being asked not to join the course which cannot be allowed and is unjustified. The another aspect which this court finds that another case relating to Atul Choudhary who was also from the same college. The benefit under QIP Scheme was allowed for the purpose of Ph.D. Thus the reasons coming forward for not allowing to join Ph.D. course under QIP Scheme are not found to be satisfactory and do not have any basis. No document has been placed on record to show that there is financial crunch with the (Downloaded on 07/06/2021 at 08:04:08 AM) (7 of 7) [CW-12329/2019] college as Board of Governor, Government Engineering College, Bharatpur has not taken any decision in this regard. Simply by taking resolution relating to Ph.D. of another college, it cannot be presumed that a college which is autonomous in nature as a situation where it would not be able to send the petitioner for the course. This court also notices that the petitioner has by way of rejoinder placed on record document received under the RTI where other persons have also been allowed to go for course more than once under the QIP Scheme. Thus this court is satisfied that the action of the respondents is arbitrary and unjustified.
Accordingly, this writ petition is allowed. The petitioner shall be allowed to join the Ph.D. course at IIT, New Delhi under the QIP Scheme and appropriate orders in this regard shall be issued by the respondents. The order in this regard shall be issued positively within a period of seven days from today.
All the pending applications also stand disposed of.
(SANJEEV PRAKASH SHARMA),J FATEH RAJ BOHRA /6-206 (Downloaded on 07/06/2021 at 08:04:08 AM) Powered by TCPDF (www.tcpdf.org)