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(Guest)

Prosecution of higher study to government servant.

I'm working as Assistant Engineer (Ele.) in Karnataka State Govt. on being eligible under rules which provides for Prosecution of Higher Study, I have made my application before the Dept Secretary to grant me permission to Study 3 years Regular LLB Course. but the same request has been rejected stating that the Studying LLB Course is not conducive to the Technical Work which you are doing. Hence, your request has been rejected. Rule 61 of Karnataka Civil Servants Rules reads as under, 61. (1) (a) The State Government may, with due regard to the exigencies of public service, depute or grant study leave to a Government servant for prosecution of a special course of study consisting of higher studies or specialized training in professional or technical subjects having a direct and close connection with the sphere of his duty. (b) The State Government may also grant study leave to a Government servant for prosecution of studies which may not be closely or directly connected with his work but which are capable of widening his mind in a manner likely to improve his abilities as a civil servant and to equip him better to collaborate with those employed in the other branches of public service. (2) A Government servant who is deputed or granted study leave for higher studies or specialized training shall not be entitled to claim any monetary benefit or seniority by virtue of the higher qualification or training acquired. (3) The deputation or grant of study leave to a Government servant for prosecution of higher studies or specialized training shall be regulate. Therefore, I would request the Experts to suggest me in this regard.



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 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 July 2021

As per me, you can apply for permission to study LLB stating that without affecting your office working hours.  But for LLB you will not be granted study leave.  The study shall attach with your office work which is a must.  Then only study leave will be granted.

1 Like

Dr J C Vashista (Advocate)     02 July 2021

i agree with the expert advise of Mr. Kavksatyananrayana and decision of Secretary.

LL.B. course is not connected with engineering department / functioning which may improve productivity or performance where government may consider the case for grant of study leave in terms of Rule 61 mentioned by you..

1 Like

G.L.N. Prasad (Retired employee.)     02 July 2021

With due respect, I differ with the view of the experts and personally feel that there is no branch of education that is not connected with legal knowledge.

61. (1) (a) The State Government may, with due regard to the exigencies of public service, depute or grant study leave to a Government servant for prosecution of a special course of study consisting of higher studies or specialized training in professional or technical subjects having a direct and close connection with the sphere of his duty. (b) The State Government may also grant study leave to a Government servant for prosecution of studies which may not be closely or directly connected with his work but which are capable of widening his mind in a manner likely to improve his abilities as a civil servant and to equip him better to collaborate with those employed in the other branches of public service

Once the employee gets a promotion, he may have to deal with HR matters, contracts, tenders etc and  legal education certainly helps in dealing with those issues.


 

1 Like

P. Venu (Advocate)     02 July 2021

Yes, I am fully in agreement with Mr. GLN Prasad. Moreover, execution of public works involves many a legal aspects in inviting tenders, finalising contracts, legal and arbitration proceedings etc. etc. You may represent to higher authorities and/or seek judicial review over the narrow understanding and the interpretation of Rules.

1 Like

T. Kalaiselvan, Advocate (Advocate)     06 July 2021

The provision of law in this regard is very clear that you can pursue higher education which may be professional or technical qualification. 

The rejection of your application for pursuing the proposed professional course in the form of  higher studies may be due to misinterpretation of the law or by not proper application of mind by the authorities concerned.

You may first exhaust the remedies within the department by making a representation to the top authority through proper channel and then you may contemplate to approach legal forum, i.e.;, Administrative tribunal for relief and remedy.

 

1 Like

(Guest)

Thank you sir, Sir, earlier I made my representation before the Commissioner and the Director of the Dept. both came to be rejected, Aggrieved by that I made one more Representation before the Principal Secretary of the Dept, Hence, I have exhausted all the remedies available, Principal Secretary of the Dept. who is the top most also has rejected my application. Sir, I need clarification as to whether Law Degree is considered as Professional Course or Not... 

T. Kalaiselvan, Advocate (Advocate)     07 July 2021

Law graduation is no doubt a professional course similar to any other professional course. 

If you have decided to fight against it you may escalate the matter through administrative tribunal  for remedy. 

1 Like

(Guest)

How about APPROACHING Writ Court sir... admissions to the course is nearer...

G.L.N. Prasad (Retired employee.)     07 July 2021

If you can afford it, it is the simple and best solution.   The judgment secured may help several employees who wish to study law while their word is technical/educational/or other section.  Before that writ, search in google as you may find similar citations and renew your appeal once again with a copy of such judgment.  You can apply, write the entrance examination and it may take another 3 months for the colleges to reopen and you have to count every day for proceeding further in your endeavors.

1 Like

P. Venu (Advocate)     07 July 2021

Yes, thee is an option for seeking judicial review. If a State Administrative Tribunal has been established, then Tribunal should be approached in the first instance, not the High Court.

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