Govind Ballabh - - - Pet it ioner v. St at e of Ut t arakhand and Pt hers

Presence: - Mr. Bhagwat Mehra, Advocat e for t he pet it ioner Mr. Sushil Vashist h, St anding Counsel for t he St at e -------------------------------------------------------------------- Th e Co u r t m a d e t h e f o l l o w i n g : JUD GM EN T: ( p e r H o n ’ b l e Ju st i ce Sr i M a n o j K u m a r Ti w a r i )

1. Pet it ioner is serving as Head of Depart m ent ( I .T.) in Governm ent Polyt echnic, Lohaghat , Dist rict Cham pawat . Since, pet it ioner was hav ing only B.Tech. qualificat ion and he want ed t o upgrade his qualificat ion t o M.Tech., he applied for st udy leave, which went un- not iced wit h t he St at e Governm ent , t herefor e, he filed Writ Pet it ion ( S/ B) No. 288 of 2020. During t he pendency of said w rit pet it ion, Secr et ary, Technical Educat ion Depart m ent , Governm ent of Ut t arakhand, vide or der dat ed 08.10.2020, rej ect ed t he r epr esent at ion dat ed 29.07.2020 m ade by t he pet it ioner for st udy leave. Thus, feeling aggrieved, pet it ioner has filed t his writ pet it ion, seeking t he following r eliefs: 1 “ ( a) To issue a writ , order or direct ion in t he nat ure of cert iorari for quashing t he im pugned rej ect ion order dat ed

08.10.2020 passed by t he Respondent no. 1 ( Annexure No. 2 t o t he writ pet it ion) . ( b) To declare t he act ion of t he respondent no. 1 & 2 in not perm it t ing t he pet it ioner t o pursue his higher st udies i.e. M.Tech. Course, as arbit rary and illegal. ( c) I ssue a writ , order or direct ion in t he nat ure of m andam us direct ing t he Respondent no. 1 t o fort hwit h perm it t he pet it ioner t o pursue his higher st udies i.e. M.Tech. Course, as was perm it t ed t o ot her sim ilarly sit uat e persons in t he past , det ails of which is given in para 11 of t he Writ pet it ion, aft er accept ing t he pray ers cont ained in his represent at ion dat ed

29.07.2020 ( Annexure No. 12 t o t he writ pet it ion) . ( d) I ssue a writ , order or direct ion t he nat ure of m andam us direct ing t he Respondent s t o consequent ial benefit s t o t he pet it ioner.”

2. According t o t he pet it ioner, he was offer ed adm ission in M.Tech course in NI T, Srinagar and he also deposit ed a sum of ₹ 70,000/ - as t uit ion fee in NI T, Srinagar, how ever, t he pet it ioner could not t ake adm ission in t he said course for want of necessary per m ission from t he depart m ent al aut horit ies.

3. Lear ned St at e Counsel subm it s t hat pet it ioner had sought perm ission t o t ake adm ission in M.Tech course during t he academ ic session 2020- 21. He furt her subm it s t hat st udy leave was not grant ed t o pet it ioner as t her e was an adverse ent ry awar ded t o him during r eport ing year 2016- 17; since his work and conduct was not found t o be sat isfact ory, t her efore, as per Governm ent policy, his prayer for st udy leave was t urned dow n. 2

4. Lear ned St at e Counsel furt her subm it s t hat pet it ioner had sought adm ission in M.Tech course in academ ic session 2020- 21, which is now over long back. Thus, he subm it s t hat t he reliefs claim ed in t he Writ Pet it ion do not survive and t he w rit pet it ion has becom e infruct uous.

5. Lear ned counsel for t he pet it ioner subm it s t hat since pet it ioner deposit ed a sum of ₹ 70,000/ - as t uit ion fee in NI T, Srinagar in 2020, but he was pr event ed from pursuing t he course for want of st udy leave, t her efore, t he Com pet ent Aut horit y, NI T, Srinagar be dir ect ed t o refund t he am ount deposit ed as fee by t he pet it ioner.

6. While holding t hat t he reliefs as claim ed by t he pet it ioner do not sur vive, w e dispose of t he writ pet it ion, per m it t ing t he pet it ioner t o m ake a request t o Regist rar NI T, Srinagar, for refund of t he am ount , which he deposit ed as t uit ion fee. I f pet it ioner m akes such request wit hin t hr ee weeks from t oday, t he Regist rar concer ned shall look int o t he m at t er and pass appropriat e order as per law, on pet it ioner ’s r equest wit hin t hree m ont hs t her eaft er. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 22.07.2025 22.07.2025 Raj ni RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db4844 8ac3701a9ae475a2547e4b7f1d9b1f17d0 1342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F530616 A158A0A878BD8, cn=RAJINI GUSAIN 3