The Himachal Pradesh High Court has set aside the rejection of study leave for two Staff Nurses seeking to pursue M.Sc. Nursing as in-service candidates. Justice Jyotsna Rewal Dua held that the authorities could not deny them the benefit when eight other Staff Nurses had been granted permission to pursue the same course.
The Court directed the State authorities to issue No Objection Certificates (NOCs) and grant study leave to Archna Thakur and Haseena Kumari for the 2026–2027 academic session.
Background
Both petitioners were appointed as contractual Staff Nurses on May 19, 2021, and their services were regularised on November 10, 2023. After qualifying for admission to M.Sc. Nursing and securing seats through counselling, they applied for fresh NOCs and study leave.
However, through a communication dated October 3, 2026, the State Government declined their requests while granting approval to eight other Staff Nurses.
The petitioners approached the High Court, challenging the decision. The State argued that study leave was governed by Rule 50 of the Central Civil Services (Leave) Rules, 1972, and contended that the earlier judgment concerning Ayurvedic Medical Officers did not apply to Staff Nurses.
Justice Jyotsna Rewal Dua noted that the authorities had not disputed the petitioners' eligibility for study leave after counting their contractual and regular service. The Court also referred to earlier decisions recognising contractual service for calculating the qualifying service period.
Rejecting the distinction drawn between Medical Officers and Staff Nurses, the Court observed:
“If, according to the respondents, a post-graduate degree obtained by Medical Officers will advance public interest in discharge of their duties, the same analogy would also hold good for the post-graduate degree obtained by Nurses.”
The Court further highlighted that eight Staff Nurses had already received approval for study leave for M.Sc. Nursing. It found no justification for treating the petitioners differently when they were similarly situated.
The judgment stated:
“It cannot be the approach of the respondents that different law will be applicable to different persons otherwise similarly situated in every manner.”
Allowing both writ petitions, the High Court quashed and set aside the State Government's communication dated October 3, 2026. It directed the respondents to issue NOCs and grant study leave to both petitioners as in-service candidates for the M.Sc. Nursing course for the 2026–2027 session.
The Court ordered the authorities to complete all necessary formalities within one week, on or before October 22, 2026.
