HC quashes govt’s policy on study leave for engg lecturers

HC quashes govt’s policy on study leave for engg lecturers 

TIMES NEWS NETWORK 19.09.2024

Ahmedabad : The Gujarat high court has quashed the state govt’s circular restricting the study leave for lecturers in govt engineering colleges and polytechnics colleges to a maximum of two years drawing only half of their salary. A division bench has upheld a 2022 order passed by a single judge when some 196 lecturers and assistant professors of govt engineering colleges had challenged the govt resolution issued on Feb 3, 2016. This GR, issued by the Directorate of Technical Education, had fixed the study leave period to a maximum of two years for those lecturers who go to universities across India and abroad to pursue their master's degree courses or for PhD programmes. While the services for these lecturers were to be con tinued without break, they would get only 50% of their salary during the study leave. The single judge had allowed the lecturers’ petitions and held the state govt’s policy invalid. The state govt had appealed against the single judge’s order on the ground that its policy was in consonance with the Gujarat Civil Services (Leave) Rules, 2002, which are framed under Article 309 of the Constitution. 

The lecturers, on the other hand, contended that AICTE guidelines in its Quality Improvement Programme (QIP) prescribe study leave for hig her studies like doctoral programmes up to a maximum of five years without break in service and on full salary. They argued that the provisions made in the state govt’s resolution were repugnant to AICTE’s provisions which, being the central provisions, should prevail. In an order released on Tuesday, the division bench dismissed the govt’s appeal and upheld the single judge’s order in which it was held that the GR had no statutory force. “The guidelines in the shape of regulations framed under the AICTE Act, 1987 have to be followed and in view of the inconsistency, the impugned Government resolution dated 03.02.2016 is liable to be set aside to the extent of the same being contrary to the provisions of the AICTE Act, 1987 and the guidelines framed thereunder,”