I posted the same earlier too but got no reply. I am a central government employee who wants to apply for higher education in abroad. i requested for my transcriptts from my college for an exam, which in turn told me to get an NOC from my employer. The authorties blankly refused me saying that if i needed an NOC , i have to resign because being in service i can not apply anywhere else. Is it fair and according to the constitution ?
What are transcriptts you are talking about?
Their denial to give permission is not violative of your constitutional rights.
No law can compel them to let you have your further education, being in service.
They are allowing you to go for education but after leaving your job.
Generally employers refuse to give permission, because it may cause interruption in functioning of their work.
But, you can file Writ Petition against them if they have ever given such permission to another employee, being in same circumstances as you.
Sudhir Kumar, Advocate (Advocate) 27 March 2013
you have to seek appointment with higherauthroity. Such permission cannot be compelled.
Sudhir Kumar, Advocate (Advocate) 27 March 2013
earlier post at https://www.lawyersclubindia.com/forum/My-transcriptts-are-withheld-72614.asp#.UVLbRDchHfM
In present post you have not intimated that matter is already subjudice.
yes i did post it earlier too. but as i mentioned the decision was delayed due to some reasons. in end of feb, CAT ordered my employer to issue my transcriptt as they found it violative of article 21 of IPC and if it can not be issued due to some other valid reason , they had to explain it in written intimidation to me. Butthey didnt issue me the transcriptt, and gave me no valid reason for it in the order they passed.
Kumar Doab (FIN) 27 March 2013
You have posted that:
--“ in end of feb, CAT ordered my employer to issue my transcriptttt as they found it violative of article 21 of IPC and if it can not be issued due to some other valid reason , they had to explain it in written intimidation to me.”
You may obtain the certified copy of such order and submit a representation to the Director, Principle, Registrar of examinations.........Noticee(s)/parties........ as in your case and in compliance to the order ask for the transcripttt as desired by you and as ordered by CAT.
--“ transcriptttts are just detailed marksheets of the subjects i studied in my graduation .”
Supreme Court of India has allowed disclosure of answer sheets to examinee under RTI.
Thus it covers exams conducted by CBSE, STATE BOARDS, UNIVERSITIES, PROFESSIONAL BODIES, PUBLIC SERVICE COMMISSIONS. It is doubtful if it can be applied to departmental promotion exams, though ratio can be reasonably extended to such exams/tests.
-- “in end of feb, CAT ordered my employer…………….. and if it can not be issued due to some other valid reason , they had to explain it in written intimidation to me.”
In another case authority stated answer sheet is destroyed.
Supreme Court of India decided that exam be conducted again if answer sheet is destroyed.
Valuable advice of learned experts/members is sought.
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