Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Higher education

(Querist) 07 October 2019 This query is : Resolved 
I work in autonomous body and did regular degree but didn't take permission. I took leave for exams. Will the degree valid. I intend to move to private sector. Did non taking permission affect my future employment or further studies.
kavksatyanarayana Online (Expert) 07 October 2019
Ji, while working in an autonomous body, how did you complete studies regularly?
DR.VEDULA GOPINATH (Expert) 08 October 2019
Take post facto approval from your employer/management. Degree is valid.
dr vedula gopinath
Sudhir Kumar, Advocate (Expert) 08 October 2019
Unless the deptt takes mercy and gives you ex-post factor permission (which they are not bound) then this degree has no value in Govt sector rather a cause of initiation of disciplinary action.
P. Venu (Expert) 08 October 2019
There is no basis for rendering the qualification invalid.
Sudhir Kumar, Advocate (Expert) 08 October 2019
There is basis.

T^he qualification will not be added to the Service Book. His application will not be forwarded anywhere in Govt sector where this qualification is needed as essential. Deptt will not forwarded his CV to any govt deptt where this said qualification is mentioned,
Sudhir Kumar, Advocate (Expert) 08 October 2019
Nothing stops him from using this qualification outside govt sector.
Dr J C Vashista (Expert) 09 October 2019
Which department/corporation/company you are working?
Why did you not seek permission for pursuing further studies?
How did you complete your "regular" studies while working?
krishna mohan (Expert) 11 October 2019
If it is part time or evening beyond officer hours and without interruption to your routine work, no permission needed. If it is full time, you need to have taken permission.
Sudhir Kumar, Advocate (Expert) 12 October 2019
Not able to agree with above views.

Permission is needed even for beyond office hours study as govt employee is 24 hours servant.

permission is needed even for correspondence course. No exception so far even for online course.

Not only the benefit of qualification can be (rather will be denied) in govt sector, the employee is also liable for disciplinary action on this count itself even if the said study has not resulted in disruption of duty.
P. Venu (Expert) 12 October 2019
In my understanding, learning is a lifelong process and as such, joining a course of study is the natural and ordinary right of person. With some insight it could be seen that it is integral to the right to living which is a fundamental right. Such basic right could be interfered or interdicted only through a valid law having the force of law i.e. a statutory law.

Of course, an employed person can pursue a course of study in such a way that it does not adversely affect the due performance of his duties and his devotion duty. In such an eventuality, he/she will have to abide the rigours of administration and even face disciplinary proceedings.

Thus an employee has the discretion pursue higher education so long as it does not adversely affect his devotion to duty. Any restriction thereof is against public policy. It is logical and natural corollary that there is no service rule which authorise an official superior to grant permission to an employee to pursue a higher study. Such permission, if at all granted, is superfluous and perfunctory.
Sudhir Kumar, Advocate (Expert) 13 October 2019
I agree that learning is lifelong process.

I also agree that a govt employee can continue studies as long as it doe snot effect duties. Rather the permission is granted to continue studies on this condition itself.

Let a Govt servant seek permission (as required as per Conduct Rules) of the deptt and continue studies (even if the study is beyond office hours/ correspondence online course).

or else

He may continue study without permission and deptt has option "-

(i) to take mercy and grant ex-post facto permission

or else

(ii) not to enter the qualification in service record and not to forward his application for any other job/ deputation where such qualification is necessary; and

(ii) Not to relieve him if selected on any post where such qualification is necessary; and

(iii) to take disciplinary action against him.

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