Can I take leave for preparing for civil services

794 votes

3. Conditions for grant of study leave.—
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3(1) Subject to the conditions prescribed in these regulations, study leave may
be granted to a member of the Service, with due regard to the exigencies
of public service, to enable him to undergo, in or out of India—
3(1) (i) a special course of study consisting of higher studies or specialised
training in a professional or technical subject having a direct and close
connection with the sphere of his duty; or
3(1) (ii) a course of training or study tour, where such course of training or
study tour is related to the sphere of his duties even though he/she
may not attend a regular academic or semi-academic course; or
3(1) (iii) studies connected with the framework or background of public
administration; or
3(1) (iv) studies which may not be closely or directly connected with the work
of the member of the Service, but which are capable of widening his
mind in a manner likely to improve his ability as a civil servant and to
equip him better to collaborate with those employed in other branches
of public service:

Provided that the grant of study leave under clauses (ii) and (iii) shall be subject to
the following conditions, namely:—
(a) that the particular course of training, study or study tour is approved
by the authority competent to grant study leave; and
(b) that the member of the Service is required to submit, on his return, a
full report on the work done by him while on study leave.
Note.— Applications for study leave falling under clause (iv) shall be considered
on merits of each case, in consultation with the Central Government.
3(2) Study leave shall not be granted unless—
3(2) (i) it is certified by the Government that the proposed course of study or
training shall be of definite advantage from the point of view of public
interest; and
3(2) (ii) it is for prosecution of studies in subjects other than academic or
literary subjects.
4
3(3) Study leave out of India shall not be granted—
3 (3) (i) without the prior approval of the Central Government; and
3(3) (ii) for the prosecution of studies in subjects for which adequate facilities
exist in India or under any of the Schemes administered by the
Government of India.
3(4) Study leave shall not[ ]5
be granted to a member of the Service—
3(4) (i) who has rendered less than „seven years‟ service under the
Government:
6Provided that the All India Service Officers borne on the North East
Cadres of Assam-Meghalaya, Manipur-Tripura, Nagaland and Sikkim
shall be eligible for the study leave after completion of six years‟
service under the Government; and
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3(4) (ii) who is due to reach the age of superannuation within three years from
the date on which he is expected to return to duty after the expiry of
leave.
3(5) Study leave shall not be granted to a member of the Service with such
frequency as to remove him from contact with his regular work or to
cause cadre difficulties owing to his absence on leave.
8
3(6) Where a member of the Service borne permanently on the cadre of one
State is serving, temporarily in another State or under the Central
Government, the grant of study leave shall be subject to the condition that
the concurrence of the State Government, on whose cadre he is
permanently borne, is obtained before the leave is given.

4 Substituted vide DP&AR Not. No. 3/1/72—AIS(III) dated 14.12.1972 (GSR No. 1617 dt 30.12.1972)
5 Deleted vide Notification No. 11020/14/97—AIS(III) dated 23.02.1998 (GSR No. 57 dt. 14.03.1998)
6
Inserted vide Notification No.11020/12/2006-AIS-III dated 11.06.2007 (GSR No.427(E) dt.13.06.2007 )
7 Substituted vide DP&AR Notification No.11020/24/79-AIS(III) dated 04.10.1980 ((GSR No. 1073 dt. 18.10.1980) and
again substituted vide Notification No,11020/02/2003-AIS-III dt.13.10.2004 (GSR No.366 dt.23.10.2004)
8 Substituted vide MHA Notification No.14/6/69—AIS(III) dated 16.07.1969 (GSR No. 1746 dt. 27.06.1969)
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4. Maximum amount of study leave that may be granted at a time and during
the entire service.— The maximum amount of study leave, which may be granted to a
member of the Service, shall be—
4(i) ordinarily twelve months at any one time, which shall not be exceeded
save for exceptional reasons; and
4(ii) twenty-four months (inclusive of study leave granted under any other
rules) in all during his entire service:
9Provided that the All India Service Officers selected for fellowships
approved by the Government of India, from time to time, by general or
special orders, will be granted study leave for the entire period of
fellowship, not exceeding twenty-four months.
5. Combination of study leave with leave of other kinds.—
105(1) Study leave may be combined with other kinds of leave, but in no case
shall the grant of this leave in combination with leave other than
extraordinary leave, involve a total absence of more than twenty—eight
months generally and thirty—six months for the courses leading to Ph.D
degree from the regular duties of the member of the Service.
Explanation:— The limit of twenty-eight months or thirty-six months of absence
prescribed in this sub-regulation includes the period of vacation.
5(2) A member of the Service granted study leave in combination with any
other kind of leave may, if he so desires, commence his study before the
end of the other kind of leave but the period of such leave coinciding with
the course of study shall not count as study leave.
6. Regulations of study leave extending beyond course of study— When the
course of study falls short of study leave sanctioned, the member of the Service shall
resume duty on the conclusion of the course of study, unless the previous assent of the
government to treat the period of short-fall as ordinary leave has been obtained

Advocate Siddhant Sharma LawRato