DU lecturer’s plea for extension of study leave dismissed
The Delhi high court has dismissed a city college lecturer's plea to direct Delhi University to extend his study leave to pursue a 45-month long PhD course with a foreign university after completion of his MA course there.delhi Updated: Oct 02, 2012 23:43 IST
The Delhi high court has dismissed a city college lecturer's plea to direct Delhi University to extend his study leave to pursue a 45-month long PhD course with a foreign university after completion of his MA course there.
A bench of erstwhile Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw dismissed Ramjas College Statistics Lecturer Chaman Kumar's appeal against the court's single-judge bench's order, saying "the court will not interfere into the function of educational institutions."
Kumar had joined Edinburgh University in UK to do his Masters in Financial Mathematics on a study leave from Delhi University for September 2010 to September 2011. The DU had granted him the "paid study leave" on the condition that after completing the course, he would serve the DU for three years. Kumar, after completing the course, joined the 45-month-long PhD programme in the same Edinburgh University and even got his leave extended by a year by his college.
But the DU, taking exception to the college’s decision to grant him further leave, sought its explanation, following which the college cancelled his leave, prompting Kumar to move the high court for direction to the DU to extend his leave.
The high court, however, dismissing his plea, said, "We find merit in the University's contention as to the conduct of Kumar. He, in October 2011, much before applying for admission to PhD Programme was in clear terms told that he could not do so. But, Kumar surreptitiously obtained the study leave from the college in breach of his obligation under the agreement with the University."
The high court also upheld the University's objection to the college extending Kumar's leave.
The bench rejected Kumar's argument that the college has appointed another assistant professor in his place against the leave vacancy in July this year and his further study would not prejudice the students.
"The paramount consideration in granting leave, for an educational institution, is not only the convenience of the teacher but the welfare of students. The authority which is to sanction leave, can take into account all the relevant facts and either grant or refuse leave," the court said.