Premium

Right to education cannot be denied at any stage of life, rules Punjab and Haryana High Court

Justice Harpreet Singh Brar directs the Haryana authorities to grant permission to the newly appointed veterinary livestock development assistant, Naveen Kumar, to pursue BA through distance education, setting aside the three-year service bar.

4 min readChandigarhUpdated: Feb 21, 2026 04:48 PM IST

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).

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.

Story continues below this ad

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.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Loading Recommendations...

Mar 09: Latest News

Live Blog