PRASENJIT MANDAL,J. - (1.) THIS application is at the instance of a Lecturer in Mechanical Engineering of K.G. Engineering Institute, Bishnupur, Dist. Bankura praying for writ in the nature of mandamus commanding the respondents to allow him study leave to continue his studies in the Post Graduate Course in M.Tech. for the session 2012-13 till completion of the said Course and other consequential reliefs.
(2.) THE petitioner has contended that he has been serving the said Institute since July 2, 2001 as Lecturer on ad hoc basis and his appointment was extended/renewed from time to time. Thereafter, the ad hoc appointment was converted to contract appointment in the year 2002, and then, he was appointed to the post of Lecturer through the Public Service Commission, West Bengal. He requested the Authority for granting him permission to sit for the GATE Examination. In 2009, the petitioner performed well in the GATE Examination and his rank, on all India basis, was 527, but, he was not allowed to join the said Course. In 2010, he again appeared in the said Test and his rank, on all India basis, was 471. He took admission to the said Course, but, since he did not seek any permission prior to admission, he was repatriated from IIT, Kharagpur.
(3.) IN 2011, he also again appeared in the said GATE Examination and his rank, on all India basis, was 177. In that year too, he was not permitted to get admission to the said M.Tech. Course and his rank was passed over for the next year, i.e., for 2012. He sent a representation to the concerned Authority for granting him study leave. The IIT, Kharagpur again offered to the petitioner to take admission to the said Course. The petitioner filed a representation to the Authority for granting him study leave, but no effect. So, this writ petition has been preferred. Now, the question is whether the petitioner can get the relief as sought for.;