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Gitesh chavan   21 December 2021

Study completed during job

Greetings to expert.

I am currently working in railways. While doing job, I took admission for LLB course and completed just now. Now I want my law degree to be updated in my service record for further promotional chances. Will there be any problem considering following factors...

1. I applied for NOC from my controlling/superior officer. But no respond (acceptance/rejection/objection) came.

2 Does rule say if no reply is given within 30 days of application, the permission is deemed to be accepted?

3. I compleed degree by taking leaves, attending approximately 50% lectures and aslo paid fine (condonance fees) for low attendance.

4. I always mentioned reason for leave as to attend college and exams. But no objection was raised.

Now can officials challenge my degree taken simultaneously with job.Can they give punishment on this basis? 



Learning

 4 Replies

Kawmini Liyanage   24 December 2021

Greetings!

In order to answer your query, please let us know whether the officials who are challenging the degree are they from the railway department or any other department.? 

Regards,

Kawmini Liyanage.

Gitesh chavan   31 December 2021

No official has challenged the degree yet. I have to update my degree in my service record. If I submit application for that, can authority reject my application by saying I was doing job and education simultaneously

Sudhir Kumar, Advocate (Advocate)     31 December 2021

Yes your application for additional of qualification can be rejected. 

You did not have written permission to continue studies. Concept of deemed permission does not prima-facie apply in this case.

You cannot apply for such post wherein this qualification is essentail as deptt would not forward application.

bar council will also ask for such permission (when you intend to join after retirement).

 

This is the rule

 

Now Coming to equity.

  1. Such permission is always given subject to the studies not interefering with job.
  2. You applied for permission which was never rejected.
  3. You applied for leave for the purpose of exam/casses (atleast as appearing from your query) then it is understood that the same was not interefering in officila functions otherwise the leave could h ave been denied.

You can concult a seasoned lawyer on this issue. 

 

But I shall advise you to get ex-post facto permission by meeting higher authorities.

Gitesh chavan   31 December 2021

Thank you sudhir kumar sir


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