Not giving the goverment job by govt department of distance education candidate
Gurvinder Pal Singh
(Querist) 05 January 2017
This query is : Resolved
Hello Sir,
I am posting the thread as behalf of my wife.
She needs legal advise regarding her educational qualification. She had done B. Sc in Information technology from sikkim manipal university in 2008.
Now she has cleared (punjab govt) PSSSB examination for the post of clerk. But her name was not in the merit list because she has done her graduation from SMU (Distance education) as confirmed from the department and even this university is recognized by UGC.
Therefore they said she cannot get this job.
Why they can't give her the job if university is recognized and clear the examination.
Now please suggest us how we can take the action.
Rajendra K Goyal
(Expert) 05 January 2017
Whether any such condition was mentioned in the job ad.?
Obtain the reason of job denial through RTI.
Gurvinder Pal Singh
(Querist) 05 January 2017
There is nothing such details as mentioned in the advertisement. Only mentioned the qualification. Here is the link http://www.punjabsssb.gov.in/Downloads/2015/clerk1.pdf
This advertisement is in Punjabi language. You can convert Punjabi to English through
Www.translate.google.com
Sudhir Kumar, Advocate
(Expert) 06 January 2017
why do you think that the experts on this forum who are giving free advise are your Munshis and translators.
You will not disclose the terms of advertisement and you will also not give English/Hindi version of the same and expect the experts to :-
(i) download the advertisement
(ii) get it translated or transcribed.
(iii) the read it
(iv) then give you advise.
ਐਥੇ ਦੁਨਿਯਾ ਬੇਲੀ ਨੀਂ ਬੈਠੀ [People are not sitting idle here]
Sudhir Kumar, Advocate
(Expert) 06 January 2017
"Only mentioned the qualification."
what qualification is mentioned.
ਜਰਾ ਅੰਗ੍ਰਜੀ ਤਰਜੁਮਾ ਕਰ ਕੇ ਦੱਸੋ [please intimate English version of the same]
Guest
(Expert) 06 January 2017
Ms.Usha Kapoor you are once again advised to address the senior Advocates/Experts with Due respect.
Guest
(Expert) 06 January 2017
Ms.Usha Kapoor You are Yet to Inform How you would Address the Other Side Advocates in side the Court/During court Proceedings
Gurvinder Pal Singh
(Querist) 06 January 2017
Dear sir,
I have given actual advertisement link as a proof for better understanding. There is a no English/hindi version available. If you need English version I will translate and provide you. Education qualification is matched. My wife qualification is B. Sc IT.
We are not expecting free advice.we are looking good advocate who can help or giving the good advice then we can hire for case.
Gurvinder Pal Singh
(Querist) 06 January 2017
Here is the advertisement qualification
"Possesses at least one hundred and twenty hours course with hands on experience in the
use of Personal computer on Information Technology in office productivity applications or
Desktop Publishing applications from Government recognized institution or a reputed institution
, which is ISO 9001 certified .
OR
Possesses a Computer Information Technology Course Equivalent to ‘O’ level certificate of
Department of Electronics Accreditation of Computer Course (DOEACC) of Government of
India"
Guest
(Expert) 06 January 2017
Dear Mr.Sudhir Kumar Instead of Insulting the Author/Querist if you have the Intention you Guide them Or just Ignore their Query.Do Not harass them.Author/Querist Approach Here for More Legal Clarification and Guidance Irrespective of their Consultations with Local Advocates.Here Mentioning it as "Free" is Not the Right word if you want you could use the Word as "Honorary" which would Sound Better.Once again Please Do Not insult the Querist/author with your words Used.
Kumar Doab
(Expert) 06 January 2017
Dear LCI author @ Mr. Gurvinder Pal Singh,
I have taken help from persons that know the language and can read and understand it properly.
You may refer to:
4; 1st Para in Punjabi; The qualification should be Graduation from recognized Univ/Establishment and as per UGC guidelines
16(S) ( 4th Clause in Sec; 16)
19 (S) (GH),(CH) {4th,9th,11th Clause in Sec; 16}
So during counselling, the selectors must have checked the original certificates and eligibility as per educational qualification.
In case of Dispute the decision shall be taken by Power Expert committee.
First of all represent and let them give their decision citing detailed reasons.
Rajendra K Goyal
(Expert) 06 January 2017
The objection is due to distance mode degree and not on your knowledge.
Court can hold such instruction illegal, have to approach court.
discuss in detail with your lawyer.
Sudhir Kumar, Advocate
(Expert) 06 January 2017
@ Mr Narasimha.
The author has instead of givign details of advertisement in the first post just referred to the link which is in vernacular.
It is not justified that the queriest should expect the experts to hunt for the mate3rial to help him. Even best paid lawyer will not do so. He needs to lay all papers before lawyer.
I have well indicated that I know the language It is my mother tongue) but had no time to hunt for material and then understand and then advise him.
He has narrated the terms of the advertisement and still not commented whether the candidate possessed the qualification
H.M.Patnaik
(Expert) 06 January 2017
The only basis of rejection of appointment stated by you is the mode of obtaining the desired qualification.
Get the relevant advt. and underlying correspondences checked by an experienced service case lawyer locally to find out the clear position in this regard and if there is any merit which I am hopeful of, you can take further suitable steps to effectively pursue the matter.
Guest
(Expert) 06 January 2017
Dear Gurvinder Pal Singh,
Since your wife did B.Sc in Information technology from sikkim manipal university through distance education, you have not stated, how much practical experience of hands on experience in the
use of Personal computer etc., she could get through any Government recognized institution or a reputed institution with ISO 9001 certification OR Course Equivalent to ‘O’ level certificate of Department of Electronics Accreditation of Computer Course (DOEACC) of Government of India."
Please clarify.
Kumar Doab
(Expert) 07 January 2017
You have posted that:
"But her name was not in the merit list because she has done her graduation from SMU (Distance education) as confirmed from the department and even this university is recognized by UGC. "
So as per this reason or confirmation given to you, although it seems to be verbal the reason is degree by Distance education from SMU.
SMU has declared on its website;
STATEMENT FROM THE UNIVERSITY IN RESPECT OF ITS PROGRAMS IN DISTANCE MODE
“On June 26, 2015, the Hon'ble High Court of Sikkim rendered its judgement in Writ Petition 4 of 2013. The Honourable High Court has upheld the territoriality policy of UGC/MHRD as valid and binding, as a result of which Study Centres can only be established within the State of Sikkim. As a necessary consequence, all SMU-DE authorised centres operating outside the State stand closed with immediate effect.
The University wishes to inform its students, their parents / guardians, authorised Learning Centres and others concerned that the Hon'ble High Court has protected the rights of students already admitted as on June 26th 2015 by ruling that their Degrees shall be considered valid. The Programs in respect of students enrolled currently shall be continued until completion thereof and award of Degree.
http://smude.edu.in/content/dam/manipal/smude/documents/MHRD-Notification-10.06.2015-Central-Govt-Jobs.pdf
Kumar Doab
(Expert) 07 January 2017
The judgment mentioned by SMU can be accessed at:
WP(C) No.04 of 2013
Petitioner : Sikkim Manipal University,
5
th Mile,
Tadong,
Gangtok,
East Sikkim.
versus
Respondents : 1. Indira Gandhi National Open University,
Distance Education Council
through its Director,
Maidan Garhi,
New Delhi.
2. Union of India
through its Secretary,
Ministry of Human Resource Development,
Shastri Bhawan,
New Delhi.
3. University Grants Commission
through its Secretary,
Bahadur Shah Zafar Marg,
New Delhi.
Intervenors : 1. Ms. Preety Rajbanshi,
D/o Mr. Jaleshwor Rajbanshi,
R/o Duwagadi,
Jhapa Mechi,
Nepal.
http://www.highcourtofsikkim.nic.in/downloads/judgment/Judgment2015/June/Sikkim%20Manipal%20University%20vs%20IGNOU%20&%20Others.pdf
Kumar Doab
(Expert) 07 January 2017
For Central Govt Jobs:
Human Resource Development (HRD) Ministry has notified;
degrees, diplomas and certificate programmes approved by the University Grants Commission (UGC) would be recognised
MHRD notification Dated; 10th june,2015 kept by SMU-DE at its website.
. “All degrees, diplomas and certificates, including technical education degrees and diplomas awarded through open and distance-learning mode of education by universities established by an Act of Parliament or state legislature, institutions deemed to be universities under Section 3 of the UGC Act and institutions of national importance declared under an Act of Parliament stand automatically recognised for the purpose of employment to the posts and services under the central government, provided they have been approved by the UGC,” read the notification.
The notification, however, did not make it clear if these universities can also offer diploma, degree and postgraduate programmes in engineering and technology through distance education. About six months ago, the UGC had barred universities and other higher-educational institutions from offering diploma, bachelors and postgraduate courses in engineering and technology other than MBA and MCA through distance-learning until further orders. Issuing a public notice in March, the regulator had also warned of action if any institute failed to comply with this directive.The latest notification also does clarify on its implications on state open universities the UGC derecognised in the last few months. The ministry did not respond when attempts were made to seek clarification. Incidentally, the UGC had derecognised Karnataka State Open University (KSOU) in Mysuru, saying it was “blatantly flouting norms” set for offering distance-learning programmes.
A UGC directive in August last year had said universities are required to conducted programmes in distance education mode only within their territorial jurisdiction.
Same notification is at ;
http://www.kvic.org.in/kvicres/update/circulars/Cir_Adm_9.10.15.pdf
Same notification is at ;
http://www.scdl.net/pdf/DEC%20EDUCATIONAL%20QUALIFICATION%20RECOGNITION.pdf
https://mbcet.wordpress.com/2015/09/19/now-open-and-distance-learning-degrees-and-diplomas-including-technical-education-valid-for-central-government-jobs/
Guest
(Expert) 11 January 2017
Dear Gurvinder Pal Singh,
You have not clarified the position on my observation, as mere educational qualification was not the issue, but the conditions of hands on practical knowledge as well ISO Certification were also associated with the educational qualification.
So far I know, the SMU was not certified up to 30.12.2008 and also no knowledge of hands on practice was possible through distant education.
Would you like to clarify on that point?
You may also check the employer.
Guest
(Expert) 11 January 2017
Dear Gurvinder Pal Singh,
Do you feel there was any relevance of 2015 statement of the university (as follows) to the educational case pertaining to the year 2008, as described by Mr. Kumar Doab. It is a fake advice like his own fake ID at LCI?
"STATEMENT FROM THE UNIVERSITY IN RESPECT OF ITS PROGRAMS IN DISTANCE MODE"
“On June 26, 2015, the Hon'ble High Court of Sikkim rendered its judgement in Writ Petition 4 of 2013. The Honourable High Court has upheld the territoriality policy of UGC/MHRD as valid and binding, as a result of which Study Centres can only be established within the State of Sikkim. As a necessary consequence, all SMU-DE authorised centres operating outside the State stand closed with immediate effect."
"The University wishes to inform its students, their parents / guardians, authorised Learning Centres and others concerned that the Hon'ble High Court has protected the rights of students already admitted as on June 26th 2015 by ruling that their Degrees shall be considered valid. The Programs in respect of students enrolled currently shall be continued until completion thereof and award of Degree."
"http://smude.edu.in/content/dam/manipal/smude/documents/MHRD-Notification-10.06.2015-Central-Govt-Jobs.pdf"
In your wife's case only educational qualification does not seem to be the issue, but also other two conditions about which you may like to verify from the employer.
