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Am i entitled to study leave if course is thru distance mode

Guest (Querist) 13 August 2014 This query is : Resolved 
I have been working as a trained graduate teacher(TGT)in a govt. school under delhi administration since august 2011.
i am still under probation.

i am interested in pursuing MA course thru distance education from a reputed university of delhi.

today i gave an application to my vice principal to get her sanction to do this course.vice principal is on extension(after retirement)

the last date for admission is 3rd september.

my VP told me to give an undertaking in application that while doing this course,under no circumstances i will ignore my school duties.i will be fully committed to my job also.then only she will give me the sanction.
i want to know:

1. am i entitled to study leave if the course is thru distance mode?

2. If the answer to the above query is yes,can she refuse to sanction this application if i dont give any such undertaking.?
In that case what shall i do?the last date for admission is nearing.
3. can someone upload the LATEST study leave rules for delhi administration teachers who are under probation and want to study thru distance mode?
4, If i am entitled to leaves,can my school VP and staff keep calling me to school on one pretext or other,in the name of unavoidable school work?

Thanks and regards,
Guest (Querist) 13 August 2014
IF YES,THEN HOW MUCH??
P. Venu (Expert) 13 August 2014
Pursuing a course on your on volition and entitlement for study leave have nothing in common. The stand of the VP is reasonable (at least there is nothing objectionable).

The provisions for study leave is part of the Leave Rules, which could be accessed on the internet.

Anirudh (Expert) 13 August 2014
1. For doing study through Distance Education, the question of any Study leave does not at all arise.

2. First, you have to know whether you have to take permission from the Authority for pursuing a course through Distance Education. I think you need to. If that be so, the Authority has been vested this power either to grant you permission to join the course or not. If the said Authority, want to grant permission, but after ensuring that the work which you are currently doing does not suffer on account of your pursuing the higher course, he/she is absolutely right.

If you give the undertaking, the Authority will be satisfied that the work will not suffer and therefore may be ready to give you the permission.

If you do not give the undertaking, the Authority will be right in thinking that your pursuing the course will affect the current work that you are doing, and therefore may refuse permission.

The choice is yours. Please do not look into each and every item with legal angle. The question is not legal. The Question is about administrative convenience.
ajay sethi (Expert) 13 August 2014
well advised by MR anirudh
Rajendra K Goyal (Expert) 13 August 2014
Well advised by the expert Anirudh. Agree to it.
R.K Nanda (Expert) 13 August 2014
nothing to add.
Sudhir Kumar, Advocate (Expert) 13 August 2014
Delhi govt employees are governed by CCS(Leave) rules. Consult rule 50.

If you are on probation then you have not completed 5 years and are also not permanent. SO not eligible.


I believe as a matter of policy Delhi Govt does not give study leave to teachers. Please che from your DDE Office.

In any case permission is needed from deptt.
Kumar Doab (Expert) 13 August 2014
Agreed that you should obtain concurrence and later you can ask to add qualification on record.

The management can ask you to do work within the purview of service conditions only.

THE DELHI SCHOOL EDUCATION ACT, 1973 may be applicable.

Sudhir Kumar, Advocate (Expert) 14 August 2014
I never like to be happy to disagree with Mr Kumar Doab. But I have to mention that the service conditions of the teachers of Govt schools of UTs, including Delhi, are governed at par with central govt employees
Sudhir Kumar, Advocate (Expert) 14 August 2014
repeated on

http://www.lawyersclubindia.com/forum/details.asp?mod_id=107241&offset=1
Sudhir Kumar, Advocate (Expert) 18 August 2014
detailed rule position explained in other thread.
T. Kalaiselvan, Advocate (Expert) 18 August 2014
The permission for pursuing higher studies will be granted by authorities with conditions subject to service exigencies, the service exigencies may be in any form at the discretion of the sanctioning authority.
Sudhir Kumar, Advocate (Expert) 19 August 2014
you are not the first or last teacher of the Delhi Govt who is seeking permission for higher studies during service.
Sudhir Kumar, Advocate (Expert) 30 August 2014
can also refer to similar link

http://www.lawyersclubindia.com/forum/Employer-not-issuing-permission-for-higher-study-101199.asp#.VAHc0aOO5G0


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