Case Name: Archna Thakur v. State of H.P. & Ors. (along with Haseena Kumari v. State of H.P. & Ors.)
Factual Background
The Himachal Pradesh High Court heard two connected writ petitions filed by Archna Thakur and Haseena Kumari, who were serving as Staff Nurses under the State Health Department. The petitioners had been appointed on a contractual basis on 19 May 2021, following a selection process conducted in accordance with the applicable Recruitment and Promotion Rules. Their services were subsequently regularised on 10 November 2023.
Atal Medical and Research University, Himachal Pradesh, issued a prospectus on 16 July 2026 for admission to the M.Sc. Nursing course. The petitioners intended to pursue the course as in-service candidates and were initially issued provisional No Objection Certificates (NOCs) on 23 July 2026 to participate in the selection process. After successfully qualifying in the selection and counselling process, they were allotted seats in the course.
On 26 September 2026, the petitioners applied through the proper channel for fresh NOCs and study leave to pursue the course. However, through an office communication dated 3 October 2026, the State declined their requests. The same communication granted NOCs and approved study leave for eight other similarly situated Staff Nurses, while excluding the petitioners.
Aggrieved by the denial, the petitioners approached the High Court. They contended that the refusal was based on the ground that they had not completed five years of regular service, as their contractual tenure was not being counted. They relied upon the earlier decision in Geetika Dharmani v. State of H.P. & Ors., which recognised that contractual service could be considered while calculating the qualifying service required for study leave.
Court’s Analysis
The Court examined Rule 50 of the Central Civil Services (Leave) Rules, 1972, which governs the grant of study leave. The State contended that study leave was subject to public-service requirements and that the proposed course had to bear a direct and close connection with the
employee’s duties. It further argued that the decision in Geetika Dharmani was distinguishable because that case concerned Ayurvedic Medical Officers pursuing postgraduate studies in Ayurveda. According to the State, Staff Nurses could not claim the same benefit as Medical Officers under the relevant provisions.
The Court rejected the respondents’ position on the question of qualifying service. It noted that the petitioners had completed five years of service when their contractual and regular service were considered together. The respondents had also not disputed their factual eligibility for consideration of study leave on this basis. Relying upon Geetika Dharmani, the Court reiterated that contractual service followed by regular appointment must be taken into account for computing the requisite period of service under Rule 50.
The Court also relied upon Shailja Sharma & Anr. v. State of H.P. & Ors., decided on 11 December 2025, which concerned Staff Nurses seeking study leave to pursue M.Sc. Nursing. That decision had considered the applicable rules and the admission requirements governing the course.
Further, the Court held that the distinction drawn by the State between Medical Officers and Staff Nurses was discriminatory. If postgraduate qualifications could improve the efficiency and performance of Medical Officers, the same reasoning would apply to Nurses pursuing postgraduate education in their own professional discipline. The Court also considered it significant that eight other Staff Nurses had been granted study leave for the same M.Sc. Nursing course under the very communication that excluded the petitioners. The State could not apply different standards to employees who were similarly situated.
Order of the Court
The Himachal Pradesh High Court allowed both writ petitions and quashed the impugned office communication dated 3 October 2026. The respondents were directed to issue the requisite NOCs and grant study leave to the petitioners as in-service candidates for pursuing the M.Sc. Nursing course for the academic session 2026–2027 at Atal Medical and Research University. The Court directed the respondents to complete all necessary formalities within one week, on or before 22 October 2026.
Written by Adv. K. Sri Hamsa
