1. Heard learned advocate Mr.P.B.Khambholja for learned advocate Mr.Majmudar appearing for the petitioner.
2. The petitioner has taken out present petition seeking below mentioned relief:
"14(B) issue appropriate writ, order or direction and be pleased to direct the concerned respondent authorities to consider the application preferred by the petitioner dated 12/12/2011 for joining the Course of Diploma in Public Health and further be pleased to direct the respondent authorities to take appropriate decision for permitting petitioner to join the Course of Diploma in Public Health as per the communication dated 15/12/2011 (Annexure-C herein) and the respondent authorities be directed to pass appropriate order for sending the petitioner to join the Course of Diploma in Public Health.
14(C) grant interim relief and be pleased to direct the respondent authorities to pass appropriate order for sending the petitioner to join the Course of Diploma in Public Health as per the communication dated 15/12/2011 sent by the respondent no.4 pending admission and final disposal of this petition."
3. From the nature and relief prayed for by the petitioner, it appears that petitioner wants to prosecute further studies in course of diploma in Public Health . For the said purpose the petitioner seems to have made request to the respondent competent authority to grant permission to allow him to take admission in the course of diploma in Public Health and prosecute further studies of the said course. It is alleged that said request is not processed and any decision has not been taken and permission qua the same is not granted. Therefore, present petition is taken out by the petitioner.
4. Learned advocate appearing for the petitioner has clarified, upon instructions from his client, that the petitioner seeks to prosecute further studies on his own cost, risk and expenses and the petitioner is not going to ask for any amount of expenses, cost or any other benefit of whatsoever nature. The anxiety of the petitioner is only to seek permission from the competent authority so that he may not be treated absent during the term of the course.
5. In view of said request and submission made by learned advocate for the petitioner, present petition is disposed of with below mentioned order:
5.1. The clarification made by learned advocate appearing for the petitioner that petitioner will not claim any expenses for any cost or any other benefit of any nature for prosecuting the course of diploma in Public Health while in service and he will prosecute the said course on his own cost and expenses and will not ask for any benefit of any nature whatsoever, is treated as part of present order. The petitioner shall submit an application to the aforesaid effect and request the competent authority to grant permission to secure admission in the said course and prosecute the said course until its completion. Such application, when made, shall be considered by the competent authority in accordance with law and applicable rules and regulations. If the rules so permit, the petitioner may be allowed to prosecute the course at his own cost and expenses and his absence may not be treated as unauthorized and may be treated as leave without pay (study purpose) if permissible as per rules and regulations and the duration of the course may not be treated as his absence from service.
5.2. The competent authority shall take appropriate decision in accordance with law and applicable rules within two weeks from receipt of certified copy of present order.
5.3. The decision which may be taken by the competent authority shall be conveyed to the petitioner.
5.4. It is clarified that present order may not be construed as direction to accept and grant application. It is open to the competent authority to decide the application independently and in accordance with law and applicable rules.
5.5. It is submitted by learned advocate for the petitioner that amount of Rs.5000/- deposited by the petitioner may be ordered to be refunded. The said request of learned advocate is granted. The amount of Rs.5000/-, if deposited by the petitioner, the same may be refunded to him.
9. With the aforesaid clarifications, the petition stands disposed of. Direct service is permitted.
(K.M.THAKER, J.) (ila) Top