DR. SUBHASH KUMAR Vs. STATE OF JHARKHAND THROUGH THE SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, GOVERNMENT OF JHARKHAND

JUDGEMENT

(1.) THE writ petition was preferred by the petitioner for direction on the respondents to allow him to continue and complete his study in Master of Veterinary Science (hereinafter referred to as M.V.Sc.) at Birsa Agricultural University, Ranchi (hereinafter referred to as the University), where he has already completed much more than one year study.

(2.) THE petitioner was in the services of erstwhile State of Bihar in its Animal Husbandry and Fishery Department since 1989. He requested the Department for No Objection for pursuing study of M.V.Sc. Course. Persons junior to him were given charge of the higher post but he was denied to hold specialized post having no specialized degree. Earlier he filed a writ petition, W.P.(S) 1804 of 2002 before this Court against a Notification of transfer dated 29th June 2001 and alleged that juniors have been transferred against higher post, a Bench of this Court, vide its order dated 5th September, 2002 disposed of the writ petition by referring to an order dated 22nd February, 2002/6th March, 2002, wherein the authorities mentioned that the petitioner holds degree in Veterinary Science and Animal Husbandry, but does not hold any specialized degree for posting against any higher specialized post and his claim was rejected by the Secretary.

(3.) AFTER reorganization of the State, the petitioner having been posted within the territory of Jharkhand, provisionally he was allocated the State of Jharkhand. He applied for No Objection Certificate for Post Graduate study in M.V.Sc. Course but having not been granted, a writ petition W.P.(S) No. 6506 of 2002 was preferred by him for direction on the respondents to grant him No Objection to enable him to get admission in M.V.Sc. Course in the University for the Session 2002 -03. By interim 'order dated 3rd December, 2002, he was allowed to get provisional admission in the M.V.Sc. Course, subject to grant of No Objection Certificate. The State of Jharkhand also granted No Objection Certificate by letter dated 7th December, 2002. The aforesaid fact was noticed by the Court while disposed of the writ petition on 17th February, 2003 and in respect to study leave, the competent authority was allowed to grant such leave, there being a provision. No provision having been brought on record, the Court did not choose to pass any order for payment of salary during the study leave, nor any relief was granted in respect to sponsorship or full salary for the period of study.