CHAMAN KUMAR Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THIS intra court appeal impugns the judgment dated 29 th May, 2012 of the learned Single Judge dismissing WP(C) No.2923/2012 preferred by the appellant. The said writ petition was preferred impugning the "action of the respondents in cancelling the duly sanctioned study leave of the petitioner vide emails dated 4th April, 2012, 20th April, 2012 and 24th April, 2012" and seeking a mandamus "directing the respondents not to disturb the petitioner in pursuing the Ph.D. Course at Edinburgh University, U.K." This appeal was admitted for hearing. Since the respondents had not had the opportunity to file counter affidavit to the writ petition before the learned Single Judge, opportunity therefor was granted. The counsels have been heard.

(2.) THE appellant joined the respondent no.2 Ramjas College affiliated to the respondent no.1 University as a lecturer in the Department of Statistics on 14th August, 2006. He was, vide letter dated 10th May, 2010 of the University selected for doing Masters Course in Financial Mathematics at the University of Edinburgh in the academic year 2010-2011. As per the said letter dated 10th May, 2010, the expenses towards tuition fee, accommodation, travel and miscellaneous expenses were to be borne by the respondent University and the absence of appellant from the respondent no.2 College during the study at UK was to be treated as "duty leave" and the appellant during the said period was also to be entitled to pay and allowances of his post in the respondent University. Accordingly the respondent no.2 College granted to the appellant duty leave from 9th September, 2010 to 15th September, 2011 to pursue the said course. A letter dated 27th July, 2010 was also addressed by the respondent no.1 University to the Home Office, UK Border Agency confirming the award of scholarship to the appellant for the full duration of the course and covering full tuition fees (13,150 GBP), full living expenses (10,800 GBP) return airfare and other related costs. It was also mentioned that on completion of his study, the appellant was expected to return to the 'University of Delhi to resume his employment and should serve the University for the next three years.

(3.) THE Technical Officer, International Relations of the University on 30th November, 2010 replied to the appellant as under: