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Permission to pursue higher studies

(Querist) 09 December 2016 This query is : Resolved 
Sir,
I am working as Assistant professor in a self financed institute
I had applied for permission to pursue Phd after completing three years of regular employment as per AICTE norms,but permission has been denied on grounds that Board of Governers of our institute has approved permissions for higher studies after regular employment of five years but the actual query is that
one of my juniors is pursuing Phd without obtaining permission from Institute
The supervisor required for phd work is our Head of department.

Our promotions to post of associate professors is possible only after obtaining Phd

Phd holder are also entitled for five non compounded increments

Now if my junior completes Phd without permission then can he claim increments and promotions (subject to post facto approval as HOD is his Phd supervisor)?

In case of fresh recruitments will the candidature of my junior be considerable ?

Will his seniority be counted above mine due to advance increments (in case he is granted post facto permission) ?

How to safeguard my interests?

Are there any rules/govt orders regarding this?

Are there any court orders which I can quote whenever injustice takes place?

I would prefer not to complain about my junior and at the same time i also dont want to invite agony of management at this point of time any how i will respond timely with proper justifications of my case
Please help
Kumar Doab (Expert) 09 December 2016
In your specific case; the authority has declined permission.


As per you precedence exists but you don't want to claim on the strength of it.


Is there scope of escalating to reconsider your case as per rules?
K.K.Gautam (Querist) 09 December 2016
Sir
precedence does not exists but one junior official is pursuing Phd Without permission?

Shall I request for reconsideration?

But if that does not work then on what grounds can i challenge the benefits which may be extended to junior professor in future ?

I have read in this forum itself that pursuing higher education with out permission is an offence , do we have some govt orders or court rulings in this matter which i can use to oppose my victimization which may take place in future?
Kumar Doab (Expert) 09 December 2016
Precedence seems to exist as you have yourself posted;


"one of my juniors is pursuing Phd without obtaining permission from Institute
The supervisor required for phd work is our Head of department.
"
Rajendra K Goyal (Expert) 09 December 2016
Prey the authority to reconsider on the basis of AICTE and precedence norms.
Sudhir Kumar, Advocate (Expert) 09 December 2016
Now if my junior completes Phd without permission then can he claim increments and promotions (subject to post facto approval as HOD is his Phd supervisor)?

NO HE CANNOT ADD QUALIFICATION AND ALSO LIABLE FOR DISCIPLINARY ACTION
Sudhir Kumar, Advocate (Expert) 09 December 2016

In case of fresh recruitments will the candidature of my junior be considerable ?


Will his seniority be counted above mine due to advance increments (in case he is granted post facto permission) ?


NOT UNDERSTOOD WHAT DO YOU MEAN
Sudhir Kumar, Advocate (Expert) 10 December 2016
How to safeguard my interests?

Are there any rules/govt orders regarding this?

IF THE JUNIOR HAS ACQUIRED QUALIFICATION AND YOU DID NOT AND THE JUNIOR IS ABLE TO ADD HIS QUALIFICATION IN SERVICE RECORD THEN YOU HAVE NO CASE AGAINST HIM.
Sudhir Kumar, Advocate (Expert) 10 December 2016
Are there any court orders which I can quote whenever injustice takes place?

YOU HAD NOT BEEN ABLE TO CLEAR WHAT INJUSTICE CAN BE THERE.

THIS FORUM DOES NOT SOLVE RIDDLES.

Sudhir Kumar, Advocate (Expert) 10 December 2016
I would prefer not to complain about my junior and at the same time i also dont want to invite agony of management at this point of time any how i will respond timely with proper justifications of my case



IF YOU DO NOT WANT TO REPRESENT AGAINST ANYONE AND HAVE NO COURAGE TO FACE WRATH OF MANAGEMENT THEN TAKE A CUP OF HOT MILK AND SLEEP IN BLANKET. LET INJUSTICE OF THERE AND BEAR SILENTLY.

malipeddi jaggarao (Expert) 10 December 2016
If you do not want to do anything, keep quiet.
Kumar Doab (Expert) 10 December 2016
You may carefully and slowly go thru last post of Mr. Sudhir Kumar,Mr. Malipeddi Jaggarao.
Rajendra K Goyal (Expert) 10 December 2016
Well examined / explained by expert Sudhir Kumar.
Sankaranarayanan (Expert) 10 December 2016
Yes i do endorse mr sudhir,s suggestion
K.K.Gautam (Querist) 13 December 2016
Respected all,
Probably I could not properly explain my grievance in my earlier post

My question is

On one hand Management has denied the permission to me but on the other hand one junior officer who enjoys favoritism has not taken the permission
In that case

What stand shall i take

Sir, I dont want to complain but i will fight for my case

as asked by Mr. Sudhir Kumar
The Injustice will be that The junior may (?) be considered for promotions and fresh recruitment in same deptt. as he will earn the qualification earlier (although without permission)??
Rajendra K Goyal (Expert) 13 December 2016
If you feel it is injustice, be brave, lodge complaint and let him face the music.

This forum does not advice to proceed against rules.
Kumar Doab (Expert) 13 December 2016
Precedence seems to exist as you have yourself posted;


"one of my juniors is pursuing Phd without obtaining permission from Institute
The supervisor required for phd work is our Head of department.
"


If he is able to add qualification and earn promotion then why can't you and anyone else!
Sudhir Kumar, Advocate (Expert) 09 January 2017
But decide if you want to really fight or just making query as TIME PASS


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