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shyamal mondal   27 October 2023

Asking legal advice to add higher degree in service book

Dear sir,

Currently I am working in centrally funded technical Institution . At the time of  applying for the post I mentioned my educational qualification  as B.Sc in Chemistry whereas I Passed M.Sc  at that time.. when I selected I mention qualification as B.Sc in my service book . Now I approach to the authorities to add my qualification  M.Sc , authorities has denied to accept it. Is there any such option open for me to add my qualification  in my service book, as for that  my further promotion is hampering as well as not getting NOC for applying anywhere. Please suggest legal advice.



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     27 October 2023

Good information, but why do you have to write it here, are you conducting any class here to the experts advocates of this forum by posting such messages.

kavksatyanarayana (subregistrar/supdt.(retired))     27 October 2023

As your employer denied entering higher qualifications in the Service Book, you can apply to the next higher authority.  It shall be entered if you apply with a copy of the certificate and show the original when required.

shyamal mondal   27 October 2023

Sir I have already  applied  with copy of the certificate .During that time registrar replied that the competent authority are not agreed on this content. Sir should I  apply again  and i also want to know that not informing about my higher qualification at the time of joining  can be considered as hiding personal information to the authority. waiting for your advice

 

T. Kalaiselvan, Advocate (Advocate)     28 October 2023

You have intentionally not disclosed your exact qualification at the time of reruitment for the fear that your higher education  qualification may be a hindrance to your selction to the post which may not entertain a highly qualified person.

Therefore your intentions were not true then but now you are seeking justification or trying to look for loop holes so that you can be elevated.

The competent authority is right to reject your applicaiton to record  higher qualification which dates back to prior to your joining this service. 

The next alternative is that you may have to look for other options for promotion.

You cannot take advantage of  your own wrong.

 

Dr. J C Vashista (Advocate )     28 October 2023

Whether the higher qualification (M Sc) in your case shall be an added advantage in advancement / progression of you career with present employer, which you had concealed at the time of recruitment ?

Sudhir Kumar, Advocate (Advocate)     28 October 2023

  1. some person do have a problem.
  2. some person do not have a problem.
  3. some person do not have a problem. But they imagine the problem.
  4. some person do not have a problem. But they are not satisfied by just  imagine the problem. They creat a problem

 

The query per-se dos not appear to be so simple.  while a[pying for a job everyone intends to show himself to be better compatible and better qualified. whey should someone hime his qualification at the time of applying for a job. This is possible only if the person is having something up his sleeve.

 

Now as far as legal remedy is concerned.NONE (atleast apprearing from facts given so far)

 

adding of this qualification is merely the mercy and sicretionof the department.

you have not disclosed as to which level the refusa is there.

shyamal mondal   28 October 2023

Sir.At first i am grateful to you all for your advice. Honestly at the time of applying I have not mentioned higher qualification   but now without higher qualification my promotion is pending. I have honestly accept my mistake if there is no option then I  have to accept it .At the time of joining the institute I could not able to understand all these facts. I would like to request all the panel members to suggest  if there is any option  avialable . Sorry for replying again  can not able to leave the ray of hope.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 October 2023

During my service period there was a case. A post was advertised for which the required qualification was B.Sc. Chemistry. The person, a lady, who had M. Sc. applied for the post suppressing her M. Sc. degree. Later when the authorities came to know that she had suppressed her higher qualification, she was punished by stopping two of her annual increments. Later she was free to use her higher qualification.

Sudhir Kumar, Advocate (Advocate)     28 October 2023

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech.]

During my service period there was a case. A post was advertised for which the required qualification was B.Sc. Chemistry. The person, a lady, who had M. Sc. applied for the post suppressing her M. Sc. degree. Later when the authorities came to know that she had suppressed her higher qualification, she was punished by stopping two of her annual increments. Later she was free to use her higher qualification.

 

 

Yes. technically the person can be proceeded against for hidingmaterial information.

 

but

 

uin this case he does not appear to has derived undue benefit (atleast what is appearing from the facts so far shared by him). But addition of such qualification is purely discretion of the department and meeting higher authorities for favourable indulgence and mercy is the only laternative leaft for him. 

 

leave aside promotion he cannot even apply for any post (even on deputation) wherein Msc qualification is essential.

P. Venu (Advocate)     29 October 2023

"At the time of  applying for the post I mentioned my educational qualification  as B.Sc in Chemistry whereas I Passed M.Sc  at that time"

What is the reason for not disclosing the higher qualification? Were you under the impression or (mis)understanding that disclosing the higher qualification would advesrsely affect your selection?

Did the emplyment notification or the recruitement rules specify that person with higher qualification would not be ineligible for selection and appointment?

Has the competent authority conveyed in writing its decision not to accede to your request as to entry of higher qualification in service records?

Sudhir Kumar, Advocate (Advocate)     30 October 2023

Originally posted by : P. Venu

"At the time of  applying for the post I mentioned my educational qualification  as B.Sc in Chemistry whereas I Passed M.Sc  at that time"What is the reason for not disclosing the higher qualification? Were you under the impression or (mis)understanding that disclosing the higher qualification would advesrsely affect your selection?Did the emplyment notification or the recruitement rules specify that person with higher qualification would not be ineligible for selection and appointment?Has the competent authority conveyed in writing its decision not to accede to your request as to entry of higher qualification in service records?

 

 

there has to be plausible and logical answers to the questions raised above.


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