GISHA MARIN JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The question impelled for the consideration of this Court by the petitioner in this case is whether the Government Authority concerned is authorized and competent to summarily dismiss an application for leave to pursue Doctoral or Post Doctoral Research - made under the ambit of Rule 91A of Part I of the Kerala Service Rules (hereinafter referred to as the 'KSR', for short) - on the ground that they have taken a general policy decision not to grant it, irrespective of the credentials of the candidate.

(2.) I must say that this Court cannot find favour with the afore proposition; and will presently record the reasons for it.

(3.) The petitioner applied for leave before the 2nd and 3rd respondents, under the provisions of Rule 91A of Part I 'KSR', for pursuing Research leading to Ph.D; but it was allowed only as Leave Without Allowances (LWA). The petitioner asserts that this is illegal and untenable because, going by Rule 91A aforementioned, if a candidate is able to establish that the proposed course is for the benefit of State, then there can be no inhibition in granting the same under its purlieus. She thus argues that Exts.P11 to P14 orders, rejecting her application, but granting leave without allowances is improper and impermissible.