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p s s***** (lectr.)     11 July 2011

Urgent query on service bond

i am working in an aicte self sponsored  private engineering college.the college had earlier taken a bond from me to complete m.tech. programme within a period of 3year.accordingly,i applied in the aicte-qip m.tech.  programme before the bond would expire.the principal signed the sponsoredship form of the qip application @ at the same time,took an undertaking from me in plain paper bearing only my signature that i would not claim any remuneration during the programme if selected.the principal sent me with no objection certificate with official leave to attend the interview.i got selected in the qip programme.in the admission offer letter that was made to the principal,the admission offering institute has asked the candidate to produce a certificate of continuation of service bond executed with the parent institution,at the time of admission.at this stage when i am left with only 4-5 days in hand to the date of admission,the college is playing around not executing the bond so that i can't get admission on the plea that the president governing body can execute the bond & he has been hospitalised for a longer period.on the very day i went to execute the bond,he fell suddenly ill & got hospitalised.

under such circumstance,what shall i do so that i gain my admission in the qip-m.tech. programme?

please,advise!

thanks.



 6 Replies

Advocate Rajkumarlaxman (Advocacy)     11 July 2011

managment is a collateral governing body and it is supreme at his discretion. being educated you should not have signed a blank paper. anyways try in a mild manner and try to settle down the issue. if they still do not issue you can certainly move to court in writ jurisdiction in highcourt or to a education tribunal and try to get the admission giving an underataking that you will produce the bond at the earliest as the president is under medical treatment. putting all these facts give an underatking and take the admission. further if the organisation doesnt give u bond you can immediately move a writ in highcourt. In which state u belong to ask to a local concerned lawyer as certain laws varies from state to state.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     11 July 2011

When a president of any Governing Body falls ills and unable to perform his duties, there ought to be a provision for alternate president or a delegate who would have the powers to perform certain obligations during his absence. Hence please write a detailed representation and get this done. As suggested, consult a lawyer familiar with the AICTE process. Preferabley try to resolve the matter amicably with the Governing body.

vasudevan

1 Like

p s s***** (lectr.)     12 July 2011

dear mr. Rajkumarlaxman,

thanks for the guidance...

actually,i did not sign on a blank paper bt it was my hand written undertaking given to the principal as he asked me.i kept the carbon copy with me & original hand written one they took bt did not give me a receipt.this happened 2days after getting my application forwarded duly signed by the principal.in the forwarding note it was clearly mentioned by the AICTE that if selected i would be undertaking the programme on deputation getting full salary & allowances.

i have heard bt not exact that there is supreme court judgement that once the college authority has signed the sponsorship & issued NOC for attending interview can't later stage retreat.....anyway,i am trying as you said convincing them to issue me a certificate stating their fact of unability of executing a bond with me....

bt is it not breach of trust & deception ?

if i dont gain admission due to inaction of my college then should not their earlier bond taken frm me to complete mtech within 3 year,get nullified? 

is it wise on part of the college ?

p s s***** (lectr.)     12 July 2011

dear mr. Vasudevan,

As you said is true but they have a governing body just for name sake.most of the members of the gb have died & only the president was surviving.........i am very sorry that i suspected him of getting hospitalised.........i regret for holding suspicion..........it's sad that the president,gb expired yesterday in the hospital....i sincerely condole his demise & he had been my honorable......at this situation,what can be the solution?

practically,power remained vested with his family members holding different director position bt not as members in gb.

thnx!

yatish (none)     27 July 2011

mysefl yatish,

i had joined a company and had signed a bond for 2years on a 100rs stamp paper and amt 1lakh and i left the company in 10 days of joining itself during the training period because of some personal problems. i am scared about the bond amt whether the company would claim it .so wat should i do.

Mohd Ilyas Akhter (Officer)     06 August 2011

Dear Yatish,

You may not worry toomuch about this as be firm not to pay the bond so easily. In my company all the guys with bond abscond and we can't do anything to recover the bond as there is no clear guidelines to execute and recover the bond it becomes very difficult and expensive job for the companies to recover the bond amount. It would be better if you meet some local labour counsel and narrate your concerns.


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