SUNITA MECH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. T. Deuri, learned counsel for the petitioner, who submits that the petitioner had cleared the written test of National Eligibility cum Entrance Test, Post Graduate, 2019 which was held on 06.01.2019. However, the respondent No. 3 has not given permission to the petitioner for study leave for a period of 3 years to pursue the Post Graduate course, as the petitioner had not fulfilled the eligibility criteria of serving for 3 years in a field unit. The petitioner's counsel submits that the petitioner has served as a Medical Officer for 5 years 10 months and he cannot be denied grant of study leave to pursue the PG course, in view of Rule 50(5) of the CCS Leave Rules, 1972.

(2.) The petitioner's counsel also submits that the counseling period is from 15.03.2019 to 24.03.2019 and unless he is allowed to take part in the proceedings, the petitioner would be discriminated on account of an arbitrary decision taken by the respondent No. 3.

(3.) Mr. H. Gupta, learned CGC appearing for the respondents submits that as per the policy guidelines laid down by the Government of India, Ministry of Home Affairs on 29.02.2012 for pursuing a PG course, the petitioner not only had to complete 5 years of service in the CAPF concerned, but should have also put in 3 years of service in the field unit. The learned CGC submits that though the petitioner has completed 5 years of service in the CAPF and successfully completed his probation period, he has not put in 3 years of service in the field unit.