CWP (T) 3100/08 (OA No. 562/ 1996) 5.3.2009 Present: Mr.T.S.Chauhan, Advocate, for the petitioner Mr.Rakesh Jaswal, Advocate, for the respondent. Memo of appearance has been filed by Mr.T.S.Chauhan, Advocate, on behalf of the petitioner. In the present case, the petitioner has prayed for the following reliefs:- (i) to grant the applicant study leave/extra ordinary leave and grant the senior scale to the applicant with effect from 3.13.86. (ii) the period of the study leave for undertaking Ph.D. by the applicant so denied by the respondent may be compensated by grant of promotion to the post of Associate Professor/equivalent 3 years earlier than the date w.e.f. which it has been granted to the applicant.” The relevant provisions of statute governing the petitioner are as under:- “Statute 6.26 of 1978: Study leave :- No teacher shall be entitled to study leave as a matter of right and this leave shall not be granted if the applicant has not completed four years of continuous service.” “Statute 7.23(1) of 1988: “No teacher shall be entitled to study leave as a matter of right and shall not be granted if the applicant has not completed five years of continuous service in the University.” From the aforesaid, it is evident that no teacher including the petitioner has got any right to seek study leave. The petitioner was permitted to complete his Ph.D. in terms of order dated 23.7.1983, but however, the same was on private basis and not by way of study leave. The governmental action is not malafide, hence the prayer cannot be granted. The petition being devoid of any merit is dismissed. 5th March, 2009 (Sanjay Karol), (C) Judge.