- (1.) Both the counsel for the parties agree that the issue involved in the present case stands concluded and decided by this Court in its judgment passed in SBCWP No.12329/2019: Mukesh Gupta Versus State of Rajasthan & Ors., dated 19.12.2019 wherein this Court after considering the provisions of the Policy and benefits of Quality Improvement Programme (QIP) Scheme and the provisions of the Rajasthan Service Rules held as under: "In the opinion of this court, the Board of Governor, Government Engineering College, Bharatpur could not have taken a decision with regard to teacher teaching in Ajmer Engineering College and there is no document on record to show that Board of Governor, Government Engineering College, Bharatpur has taken any decision not to grant QIP benefit to the petitioner. As per the Policy as noted above, a candidate who is a permanent faculty may opt for Ph.D. study leave which shall be provided full pay under QIP Scheme. The other category of study leave permits under Category 6 is full time half pay non-QIP and part time full pay. Admittedly, the petitioner had applied for, under Category 2 which was sanctioned to him. After having been sanctioned and having been selected for QIP Scheme and as per Clause 7 when the State Government itself has provided that under QIP Scheme normal salary (full pay salary) to be paid the respondents cannot be allowed to change the terms and conditions under which the petitioner was selected. The selecting body has also issued a letter dated 4th June, 2018 allowing the petitioner to join only under the QIP Scheme and to remain on deputation for three years with full salary and allowances. If the respondents are allowed to change the said Ph.D. scheme to that of two years half salary the course for which the petitioner has applied would not be available to him. Thus virtually by order dated 9th July, 2019, the petitioner is being asked not to join the course which cannot be allowed and is unjustified. The another aspect which this court finds that another case relating to Atul Choudhary who was also from the same college. The benefit under QIP Scheme was allowed for the purpose of Ph.D. Thus the reasons coming forward for not allowing to join Ph.D. course under QIP Scheme are not found to be satisfactory and do not have any basis. No document has been placed on record to show that there is financial crunch with the college as Board of Governor, Government Engineering College, Bharatpur has not taken any decision in this regard. Simply by taking resolution relating to Ph.D. of another college, it cannot be presumed that a college which is autonomous in nature as a situation where it would not be able to send the petitioner for the course. This court also notices that the petitioner has by way of rejoinder placed on record document received under the RTI where other persons have also been allowed to go for course more than once under the QIP Scheme. Thus this court is satisfied that the action of the respondents is arbitrary and unjustified. Accordingly, this writ petition is allowed. The petitioner shall be allowed to join the Ph.D. course at IIT, New Delhi under the QIP Scheme and appropriate orders in this regard shall be issued by the respondents. The order in this regard shall be issued positively within a period of seven days from today. All the pending applications also stand disposed of."
(2.) The petitioner, in the present case, had also applied under the policy to pursue the Ph.D. Course and has joined at IIT Roorkee where he was selected under the QIP Scheme. The impugned order dated 9.7.2019 has been examined hereinabove and thereafter, the same has been set aside.
(3.) Accordingly, this writ petition is allowed. The impugned order dated 9.7.2019 is set aside. The petitioner shall be allowed to join and continue Ph.D. Course at IIT Roorkee under the QIP Scheme. The order in this regard shall be passed accordingly. No costs.;