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Jharkhand High Court · body

2003 DIGILAW 221 (JHR)

Subhash Kumar v. State of Jharkhand

2003-02-17

SUDHANSU JYOTI MUKHOPADHAYA

body2003
Order The writ petition was preferred by the petitioner to issue 'No Objection Certificate' and forward the application of petitioner for Post Graduate (Master in Veterinary Science) Admission in Birsa Agricultural University for the session 2002-03. 2. Further prayer has been made to direct the Respondents to grant sponsorship with all admissible service benefits. 3. The counsel for the State of Jharkhand submitted that 'No Objection Certificate' has been given to the petitioner vide letter dated 7th December, 2002. 4. The stand taken by the University is that under the Universities Act, if the petitioner obtains 'No Objection Certificate' from his employer; fulfils all other criteria; and found within the zone of admission, the petitioner can be admitted. 5. So far as grant of sponsorship is concerned, there is no such provision, on record, to suggest that a person who intends to go for higher studies is allowed sponsorship. 6. According to the petitioner's counsel, in fact, the petitioner wanted that the study leave period should be counted for all purposes and he should be paid salary. 7. There is provision for study leave and the competent authority may grant special study leave to Government employees. However, there is no provisiun, brought on record, for payment of salary due of the period of study leave. If there is any recommendation made by the Fitment Committee, the petitioner cannot derive any advantage till the competent authority decides, accept the recommendation and grant benefit. 8. In this background, no relief can be granted relating to sponsorship or full salary for the period of study. 9. If the State Government made any such provision, the petitioner may move before the competent authority. 10. The writ petition stands disposed of.