Indian Kanoon - Search engine for Indian Law

1. The petitioner who is a Lecturer in Commerce in the service of Mysore University has presented this petition praying inter alia for the issue of a Writ of Mandamus directing the University to treat the period from 25-9-1973 to 31-3-1978 during which he had gone to Birmingham University in U.K. for higher studies, as leave with salary and pay all the arrears of salary and also for other reliefs.

2. The facts of the case, as stated by the petitioner are as these: The petitioner was a Lecturer in Commerce in the service of the Mysore University. The Government of India evolved a Scheme entitled "The Award of National Scholarship for Studies Abroad." The Government of India selected him for the award of Scholarship after his name was sponsored by the Mysore University. After the Scholarship was awarded, the petitioner went to U.K. and joined the Birmingham University. During the stay at Birmingham he made a grievance to the effect that the salary and allowances to which he was entitled to under the Rules had not been given to him by sanctioning the necessary study leave with allowances and as a result he was put to considerable hardship as the amount of scholarship was not sufficient to maintain himself and also his family in India. Thereafter, after protracted correspondence by communication dated 26-12-1974 (Ex.L1) leave was sanctioned as below:

"Sir, Sub: Application for Study Leave.

I am a candidate who has been awarded a Scholarship by the Government of India under "The National Scholarships for Studies Abroad 1972-73 Scheme" for studies abroad under the sponsoring of the University of Mysore, the duration of the Scholorship Scheme, under which I have been selected by the Ministry of Education and Social Welfare, Government of India, is four years. Under this Scheme, I am proceeding to the United Kingdom to join the University of Birmingham during the first week of September 1973. I, therefore, request you to kindly grant me leave for a period of four years or any period extended by the Government of India in addition to the said normal duration of the scholarship scheme to enable me to pursue my studies abroad.

"To The Registrar, University of Mysore, Mysore.

Subject: National Scholarships for study abroad 1972-73 Shri M.R. Suryanarayanamurthy.

Sir, I am directed to invite your attention to the Ministry's endorsement No. F. 16-19/72-NS.3 dated the 12th December, 1972 under which a copy of the letter confirming the award of scholarship under the above mentioned scheme in favour of Shri M.R. Suryanarayana Murthy, a Lecturer in Commerce Department of Post Graduate Studies and Research, in your University was sent to you. The application of the Scholar was duly sponsored by your University on 19th May 1972. The Scholar also executed a prescribed bond with this Ministry and was sent to U.K. for Ph.D. Degree in Commerce at the University of Burmingham. He joined the said University initially as M.Sc. student subject to subsequent transfer to Ph.D. course on 1st October 1973. Normally the Ph.D. course takes about 3 years but overseas students doing Ph.D. in U.K. usually take a little, more time. Under the terras and conditions laid down under the scheme of scholarship the scholars are required to return to India only on completion of the course of studies/research for which they are sponsored. Under these circumstances, the scholar cannot return without completing his course.

7. Learned Counsel for the University however invited my attention to the two resolutions of the Syndicate found, in the records. The first occasion on which the matter came up before the Syndicate was on 4-8-1973 i.e., long subsequent to the date of sponsoring. According to the original records the subject was deferred and a note was put up to the following effect:

"What is the commitment involved by issuing sponsored certificate on the part of the University may be explained."

The matter again came up before the Syndicate on 1st September, 1973. A note was put up by the office referring to the award of Scholarship to the petitioner by the Government of India under the 'National Scholarship for Studies Abroad - 1972-73 Scheme' and to the effect that the duration of the scholarship was for four years. Names of ten persons to whom foreign scholarship had been granted and to whom only leave at their credit was granted and for the balance of the period leave without allowance was sanctioned were also mentioned. However, the information, regarding the commitment to which the University would be put to on account of the sponsorship of the petitioner was not stated. The Preamble also referred to an earlier resolution of the Syndicate of 1966-67 under which it was decided that only leave at the credit of Lecturers intending to go abroad for higher studies should be granted was set out. But the fact that sponsorship certificate had already been issued to the petitioner by the Registrar on 19-5-1972, was not disclosed. The resolution passed in the said meeting reads -