JASWINDER SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) C.M. No. 11777 of 2010 C.M. is allowed, short reply on behalf of respondents No. 1 to 3 is taken on record. CWP No. 14449 of 2010 The petitioner has invoked the writ jurisdiction of this Court seeking quashing of order dated 4.7.2010 (Annexure P-12) whereby sanction of study leave was declined to the petitioner. The petitioner, also prayed for a writ of mandamus directing the respondents to sanction of the study leave.

(2.) The undisputed facts are, that the petitioner after rendering more than ten years of unblemished service with the respondents, applied along with other 25 Medical Officers working with the respondents' department to appear in the Post Graduation Entrance Exams. In the seniority list maintained by the respondents, the petitioner was shown in the seniority list at Sr. No. 8.

(3.) Vide sanction dated 26.11.2009 the competent authority permitted the petitioner to appear in the P.G. Entrance Exam 2010 i.e. Post Graduation Diploma in Anaesthesia (PGDA) with the condition, that in the event of selection for the course he would be permitted to join the institution / medical college, as per his seniority/on receipt of sanction of study leave, by the competent authority which was the Ministry of Home Affairs as per Annexure P-1.