Right to pursue education is lifelong, cannot be forfeited: HC

Chandigarh: The Punjab and Haryana high court has made it clear that denying the right to pursue any educational qualification to any individual who was willing to pursue it, at any stage of life, was violative of the Fundamental Right to Education and could not be taken away or forfeited, as these rights were inherent, permanent, and essential to human dignity from birth throughout one's entire existence.The high court further clarified that enhancing the educational qualification of an employee must be encouraged because a better-educated workforce directly served the public interest by enhancing the competency of the employee.
"A more educated workforce is better equipped to engage with complex social issues, adapt to technological changes, and contribute to more informed and better results. Therefore, encouraging lifelong learning and educational enhancement is not merely a private benefit, but a public good. The state not only bears the responsibility of ensuring a better-qualified workforce on the public payroll but also of supporting the professional growth of its employees," the high court held.Justice Harpreet Singh Brar passed the order while allowing a petition filed by Naveen Kumar, a veterinary livestock development assistant (VLDA), who challenged the rejection of his request to enrol in a Bachelor of Arts programme through distance education.The petitioner was appointed as a VLDA on Feb9, 2024, following a selection process conducted by the Haryana Staff Selection Commission. He joined duty on Feb 15, 2024. Having completed his schooling up to Class XII level at the time of appointment, the petitioner wanted to improve his qualifications by enrolling in a BA course through distance mode.On May 29, 2024, he submitted a representation seeking official permission, undertaking that he would not avail study leave and that his duties would not suffer. However, on July 2, 2024, the authorities rejected his request, citing govt instructions that required completion of three years of regular service before pursuing higher education.Justice Brar observed that the three-year service requirement applied only to cases where employees sought to pursue studies in regular mode requiring physical attendance and study leave. Since Kumar intended to pursue his degree through distance education without availing study leave, the condition was held inapplicable.Allowing the petition, the court set aside the July 2, 2024, order rejecting the petitioner's request and directed the Haryana authorities to grant him permission to enrol in the BA programme through distance mode.The high court, however, clarified that the petitioner would not be entitled to study leave and must maintain the requisite standard of work. He may avail leave only during examination periods.MSID:: 128641894 413 |