DAYAWANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved by the action of the respondents in refusing to grant her study leave. Petitioner was selected for admission to B.Ed. for B.Ed. Examination, 2009. She was appointed with the respondents on the post of Teacher Gr. III pursuant to her selection by the Rajasthan Public Service committee vide order dated 10/9/2007. Upon selection, she applied for study leave, which was declined. Petitioner however was allowed to attend the classes of B.Ed. Course in Bhartiya Shikshak Prashikshan Mahavidyalaya, Kishangarhbas, Alwar pursuant to the interim-order of this Court dated 21/11/2009. Shri Mahendra Singh Gurjar, learned counsel for the petitioner has argued that according to Rule 110 of the Rajasthan Service Rules, 1951 (for short, "RSR"), petitioner being a permanent resident was entitled to study leave, however respondents have illegally denied the study leave.

(2.) Ms. Priyanka Pareek, learned Deputy Government Counsel has opposed the writ petition and submitted that petitioner was required to have completed period of three years as per sub-rule (2) of Rule 110 of the RSR.

(3.) Shri Mahendra Singh Gurjar, learned counsel for the petitioner rejoined and submitted that sub-rule (2) of Rule 110 of the RSR is only applicable to the temporary government servant. Petitioner being a permanent government servant cannot be denied benefit of study leave.