HC: Study leave not 'matter of right', employer's nod must

RAIPUR: Study leave while working cannot be claimed as a "matter of right" and is subject to the employers' approval, Chhattisgarh high court said while dismissing an appeal filed by a govt lecturer seeking study leave to pursue a PhD programme.A division bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru on Feb 28 upheld a single bench decision rejecting the petition of the 31-year-old mathematics teacher at Government Polytechnic College in Bijapur district of Bastar division.The petitioner had applied for permission to pursue a PhD and received initial approval from the secretary, department of skill development, technical education and employment on Sept 26, 2024.

Following this, he secured admission at Government Nagarjun Post Graduate College of Science in Raipur. However, his application for study leave remained pending.He approached HC seeking direction to the authorities to decide on his leave application. The single bench dismissed his petition on Nov 13, 2025, noting that the petitioner failed to demonstrate admission to an "institute of national importance", which is a requirement for such leave.

The division bench concurred with the single judge's ruling, and noted that while govt employees are permitted to pursue courses that benefit their institutions, education is funded by public money. The court emphasised that when public funds are used to pay salaries during leave, the investment must serve the betterment of the institution and the public."It is well settled that leave for higher studies is not a matter of right, but is subject to the discretion of the employer," the bench said in its order.