Section 376 pending ang higher education

The facts posted are less than convincing.

As far as the provided facts are concerned, you may want to take help from the other party and fast-track the case for easement. Cases under Section 376 are very crucial and the Supreme Court has dealt with the matter of promise to marry various times. The recent judgement of the Delhi High Court in the case of Chandan Sawhney v. State (2020) may be of help. 

Thank You. 

thx...but other party is nocompliant and even a sec 376 is taking more than 5 yrs in kolkata..now with

covid situation i cant do that..how to deal with my department to let me go for study?plz genuinine replies

1.The relevant part in the query was:

ALSO GOT ADMITTED TO THE COLLEGE..BUT DEPARTMENT NOT LETTING ME GO AS TRAINEE RESERVE..SINCE CASES PENDING..WHAT SHOULD I DO BECAUSE I NEED THE SEAT BADLY?    

Convince your departmental heads or beg them to help you and this is the easiest solution.

If you fail to convince your superiors, at most you will not be attending the college.

There is no litigation involved for seeking guidance from the forum.

 

cant i file a case in high court against my department asking for my release so i can study since im not a convict and trial taking too long?or that litigation may not stand?

You can do anything, but even HC can not direct your employer to do certain acts in a particular way when the discretion is with employer on several considerations.  To acknowledge HC never involves in such administrative actions of employer and on the other hand your employer can certainly turn against and may try to frame you in certain other charges.  Contact local advocate.  One can not predict what HC decides.

You are yet to throw any light on what these higher studies and admission to college etc. and how your department is concerned and how their so-called permission is relevant.

Well my department will be state health and family welfare and it's for post graduation after MBBS... which I earned through hard work

If so, the stand of the department appears to be unreasonable. You seek relief from the High Court (or Administrative Tribunal), if so advised.

@ sigma zebma,

You are stated to be on "bail" in a criminal case u/s 376 IPC.  You are stated to have been granted permission to attend college by the department. You have also applied through department for another job having better prospect, where you got selected and kept reserve as "Trainee", but not allowed; it is great, greater and greatest !!!

Is there any truth in the statments ?

Which department you are working and where do you intend to go for higher appointment as reserve trainee ?

Whether you have sought departmental permission for attending college ?

 

The section 376, is regarding rape and the case was filled against you that you will promise to marry with her but you said that the wrong complaint filled against you. But when she filled wrong statement you can prove that girls character is for her personal profit she is doing this

i think u misunderstood..while working as a med officer in probation period cases were filed against me against the section mentioned for which i had a break in service and a considerable time of suspension  period after which there was a revocation of suspension and i was allowed to join service..now after 5 years i got a rank in all india competitive exam and subsequently took admission in a college...but the department wont release me as traine reserve since i have cases still pending...ALL I KNOW is  the cases filed were false and malice and i believ justice will be there...so what can i do now to continue my studies?

You have told that 376 case against you which is false case. The main point is that when the girl filling this case against you, at that time the medical check up can solve the case or that girl should given any proof against you,you also find the mistake on it.And the point is that regarding your higher study you can go to the court for relief

This matter is combination of two sets of law 
1) IPC 376
2) Service Rules of your state Govt. 

Problem seems that you are facing Service Rules issue. 
Since I am not from your state I cannot guide you in service rules .

Better take help of your local advocate (From your state)  who is good in Govt service Rules