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SURENDRA KUMAR TEWARI (RETIRED OFFICER)     05 September 2014

Unauthorised custody of educational certificates

Dear sirs,

U. P. government has started recruitment of large number of teachers for primary/junior high school classes on merit basis. After conducting 3 rounds of counselling they are now silent. In this connection, the concerned department has taken custody of ALL EDUCATIONAL CERTIFICATES of the candidates IN ORIGINAL barring them from applying for the jobs elsewhere.  

To me it is unfair, unethical and illegal on the following points:

(i)     Custody of educational certificate of the candidates by third party (government) is unauthorised, unethical, unfair and illegal,

(ii)         Till the government do not provide confirmed employment, it appears illegal and unfair to restrict/ bar the candidates from attempting for employment elsewhere,

(iii)       If they retained the documents of the candidates for verification, they could have done it with xerox copies thereof for the reason that the verification of the document (papers) has got no meaning but the fact of issuance of the certificate is vital which can be ascertained with the records of concerned universities/ boards only. So the custody of original certificates is not desirable.

The worthy opinion/ guidance of the members is solicited.

Regards,

S. K. TEWARI 



Learning

 2 Replies

Kumar Doab (FIN)     05 September 2014

Similar queries have been posted and similar issues have been discussed in many threads.

Te original certificates  can not be retained and it has been decided by courts of law and accordingly guidelines have been issued to Boards/authorities..............................

IN UP how it has been handled the various Teachers Association's Leaders/Lawyers/Law firms can appraise you.

YOU may go thru:

 

https://www.lawyersclubindia.com/forum/Help-Service-bond-causing-unemployment--85093.asp#.UjbNaNKAqWM

https://www.lawyersclubindia.com/forum/details.asp?mod_id=88472&offset=1#.Unu2RPuo1oo

 

and various attachments in the threads........................

AND 

Madras High Court

Dr.S.Rajesh vs The State Of Tamil Nadu on 12 December, 2008

Dated : 12-12-2008

 

https://www.indiankanoon.org/doc/1028571/

and approach a competent and experienced lawyer/law firm with confidence.


Attached File : 160111931 dr.s.rajesh vs the state of tamil nadu.doc downloaded: 64 times

Sudhir Kumar, Advocate (Advocate)     05 September 2014

as per article 12 of the constitution the state authroties cannot act in contravention of the fundamental rights.

 

action of state is violation of fundamental right to choose profession.


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