4 min readChandigarhFeb 21, 2026 04:48 PM IST
First published on: Feb 21, 2026 at 04:46 PM IST
In a ruling that reinforces lifelong learning as a constitutional imperative, the Punjab and Haryana High Court has allowed a freshly recruited government employee to pursue higher studies through distance education without waiting to complete three years of service.
The court held that the condition of three years’ regular service applies only to regular/full-time courses requiring physical attendance and study leave, and not to online, private, correspondence or distance modes where no study leave is needed.
Naveen Kumar was appointed as Veterinary Livestock Development Assistant (VLDA) on February 9, 2024, in terms of the Haryana Staff Selection Commission process and joined his allotted station on February 15, 2024. At the time of appointment, he possessed only 10th and +2 qualifications. On May 29, 2024, he submitted a representation to the authorities seeking permission to enrol in the Bachelor of Arts through distance education mode and furnished a clear undertaking that he would not avail study leave and that his studies would in no way affect his official duties.
On July 2, 2024, respondent No. 3 rejected the request in a non-speaking order solely on the ground that Kumar had not completed three years of regular service, citing government instructions. Kumar challenged both the rejection order dated July 2, 2024 and the clarificatory instructions dated August 28, 2023, through a writ petition under Article 226 of the Constitution.
Arguments before the court
Advocate Jagbir Malik, appearing for the petitioner, contended that the clarificatory instructions of August 28, 2023, were contrary to the principal executive instructions dated November 9, 2022, issued by the Additional Chief Secretary, Finance Department, Government of Haryana. He pointed out that clause 2(i)(a) of the 2022 instructions permits the Head of Department to grant permission for distance/online/correspondence modes without any length-of-service requirement, provided official work does not suffer.
Vikrant Pamboo, Additional Advocate General, Haryana, defended the rejection, stating that the petitioner was still under probation and had a very short length of service.
Court’s reasoning
Justice Harpreet Singh Brar examined the 2022 instructions in detail and observed that the three-year service condition prescribed under Rule 41(iii) of the Haryana Civil Services (Leave) Rules, 2016, is attracted only in cases of regular-mode studies where the employee has to attend classes physically and seeks study leave. For distance-mode studies where no study leave is required, clause 2(i)(a) applies and there is no eligibility criterion regarding length of service.
The judge then dwelt at length on the fundamental character of the right to education. He held: “Denying the right to pursue any educational qualification to any individual who is willing to pursue it, at any stage of life would be violative of the Fundamental Right to Education..”
He underscored that a better-educated workforce serves the public interest and that encouraging educational advancement is a constitutional duty of the State as a model employer in a socialist welfare state.
Outcome and directions
Allowing the writ petition, Justice Harpreet Singh Brar set aside the rejection order dated July 2, 2024. The respondents have been directed to grant permission to Naveen Kumar to enrol in the Bachelor of Arts programme through distance education mode. However, the petitioner shall not avail any study leave, shall maintain the requisite standard of work, and shall be allowed leave only during the examination period.
The ruling is expected to benefit thousands of Group-C and Group-D employees who wish to upgrade their qualifications through flexible learning modes.
The ruling is expected to benefit thousands of Group-C and Group-D employees who wish to upgrade their qualifications through flexible learning modes (Image generated using AI).
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