Permission for higher studies with out prior permission
Ghouse Mohiddin
(Querist) 13 August 2013
This query is : Resolved
Sir
Few months back I have asked query regarding one of my friend who is working in a university persuaded the higher studies
through distance mode from the same university with out the permission of higher authorities thinking that pursuing the higher studies through the distance education from the parental university is not required permission. when the same has been sent to the Personal dept they refused to update the same stating that prior permission has not taken.
However my friend has asked the apology for the procedural lapse and requested for postfacto approval for the admission and the degree awarded by the university.
But the university officials has turned down the request and asked for the explaination for not taking the prior permission.
Plaese guide what to do and what to write as expalaination.
Regards
mohiddinghouse@yahoo.co.in
Rajendra K Goyal
(Expert) 13 August 2013
May explain the true situation that he was not aware of the fact that permission was needed for perusing higher education from same university by distant mode where he is working. When came to know the irregularity, he applied for post-facto permission.
He may mention that the institution was aware of higher studies as leave for exam was taken by mentioning the fact. If any other mode existed for awareness of the institution the same should also be mentioned. The irregularity was procedural and has never interfered in the duties any time and any way.
May also contact the employees association to get the matter resolved.
Raj Kumar Makkad
(Expert) 16 August 2013
Your friend is at fault so he is required to submit his explanation and thereafter wait for the outcome.
Anirudh
(Expert) 16 August 2013
Dear Mr.Ghouse,
I think it is the case of your friend (not yours).
If so, please send an RTI Application to the University asking for the following information under RTI Act, 2005.
1. Please indicate whether any prior permission is to be taken by employee of the University for pursuing higher studies through distance education.
2. Please make available the rules and procedure under which such a prior permission is to be taken.
This will get you the necessary information and ruling position. Thereafter you will be able to address the problem of your friend in an appropriate manner. IN ANY CASE, BY NOT TAKING PRIOR PERMISSION, YOUR FRIEND HAS NOT COMMITTED ANY CRIME. IT IS ONLY A PROCEDURAL ERROR. NOT SO SERIOUS. THE ONLY THING IS THAT THE UNIVERSITY AUTHORITIES MAY CREATE DIFFICULTIES IN GETTING HIS QUALIFICATION RECORDED IN SERVICE RECORDS. BUT EVEN THIS CAN BE OVER COME IN DUE COURSE.
P. Venu
(Expert) 18 August 2013
Acquiring higher qualification is a fact. The University may call for explanation for alleged lapse in not taking prior permission, but that is not a justification for not recording the higher qualification in the records.
The objective in the requirement for obtaining prior permission to ensure the devotion of duty of the employee and not because pursuing further studies is an impropriety.
Guest
(Expert) 18 August 2013
Although no authority usually withhold permission to pursue higher education, but not taking prior permission is a misconduct on the part of the employee.
So, admission of offence as against the prescribed conduct rules and apology in writing is the only solution for your friend.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
He has actually messed up the facts in different threads leaving the experts to play hide and seek:-
http://www.lawyersclubindia.com/experts/permission-for-higher-studies-with-out-prior-permission-415351.asp#.UhyOnX_Qzmk
http://www.lawyersclubindia.com/experts/Refusal-of-Personal-Dept-to-enter-Higher-qualification-in-Service-Record-392711.asp#.UhyOon_Qzmk
http://www.lawyersclubindia.com/experts/Departmental-Promotional-Committee-416561.asp#.UhyOmH_Qzmk
He should come with full facts in one query
Sudhir Kumar, Advocate
(Expert) 27 August 2013
The advise given by MrRajender K Goyal may result in ex-post facto permission which he badly needs and cannot compel the organisation to give. It is discretionary. If provoked they can initiate dioscplinary action also.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
I agree tih Mr Anirudh that it is his own uery.
But there is no need to provoke authroites by making RTI. The provision already exists
(1) Joining of Educational Institutions by Government servants outside normal office hours.
It has been brought to the notice of this Ministry on behalf of Government servants belonging to Scheduled Castes/Scheduled Tribes, that certain Ministries/Departments do not permit members of their staff belonging to these communities to join educational institutions outside the normal office hours.
2. As the Ministries are aware, it was proposed in this Ministry’s OM No. 25/27/52-Est., dated the 3rd May, 1952 (not reproduced) to issue general instruction on the subject. The replies received to that OM however revealed that while some Departments found that efficiency was suffering on account of Government servants attending a regular course of study for University Degree even outside office hours, a great majority of the Ministries was able to permit their employees to pursue such studies without detriment to official duties and that no serious problems had been created in most of the Departments by Government servants joining educational institutions. It was, therefore, not considered necessary to issue any specific instructions on the subject. Ordinarily there can be no objection to the pursuit of knowledge by Government servants in their leisure hours. But this must be subject to the condition that such pursuit does in no way detract from their efficiency. Wherever found necessary, the administrative authorities may require that Government servants under their control should take prior permission before joining educational institutions or courses of studies for University Degrees as the joining of educational institutions involves advance commitment about attendance at specific hours and absence from duty during periods of examinations. Ordinarily, permission is to be granted but with a view to summarily dealing with cases where it is noticed that the Government servant has been neglecting his duties for the sake of his studies, a condition may be attached saying that the permission may be withdrawn at any moment without assigning any reason. This will, of course, be without prejudice to any other departmental action being taken where mere withdrawal of the permission is not considered adequate..
3. Government servants belonging to the Scheduled Castes/Scheduled Tribes may be allowed to take full advantage of the educational facilities subject to the policy stated above.
4. These instructions have been issued with the concurrence of the Comptroller and Auditor General in so far as persons serving under him are concerned.
[MHA OM No. 130/54-Ests.(A), dated 26.02.1955.]
(1A) Period of tenure of the official should be taken into account while granting permission
It is clarified for information, and compliance by the Ministry of Finance, etc., that while taking into account the various administrative considerations in deciding upon a request for permission to attend courses of study outside office hours, the period of tenure of the Government servant concerned should also be taken into account so that in the ordinary course, occasions do not arise to ask for extension of tenure to cover the period of the course attended by him which may continue beyond the expiry of the tenure. Should a case of permission to a tenure officer to join an educational course the completion of which would require the extension of tenure of the officer concerned come up for consideration, this Department may please be consulted before the permission is granted.
[MHA OM No. 11013/4/77-Ests.(A), dated the 21st May, 1977]
Sudhir Kumar, Advocate
(Expert) 27 August 2013
Now putting a cap on the scattered facts. The querist has to understgand :-
(i) He was required to seek permission of the competent authority before pursuint higher studies.
(ii) This permission was needed even if the course was from the same university.
(iii) This permission was needed even if the course was of distance education.
(iv) This permission was liable to be withdrawn if the official duties fuffer.
(v) This permission was not taken by him.
(vi) This permission cannot be presumed if the application is forwarfedd by deptt andif leave is allowed to participate in classes or examination.
(vii) This permission cannot be compelled upon the employer.
(viii) This permission can be given ex-parte.
(ix) He has completed this course without hindetance to public duty as he has not stated of any complaint of controlling officers. (unless he is hinding facts).
(x) In the absence of this permission there can be disciplinary action against him
(xi) Without this permission his qualification will not be added in service book or seniority list and he will not be considered fro any promotion for which this qualification is mandatory.
(xii) Without this permission as his qualification will not be added in service book no application for deputation or employment to any post will beforwarded for any post for which this qualification is mandatory.
(xiii) Promotion cannot be denied to any post on which this qualification is not mandatory.
(xiv) If facing a disciplinary action any type of promotion/deputation/confirmation can be denied.
So he has to be polite (not provocative) with the authorities and get ex-post facto permission.
Rajendra K Goyal
(Expert) 27 August 2013
Very well advised touching various aspects by the expert sudhir kumar ji. agree with it.
Sudhir Kumar, Advocate
(Expert) 28 August 2013
You commented on http://www.lawyersclubindia.com/experts/Departmental-promotional-committee-416561.asp
"In this connection I had requested for the advise but most of them are giving the picture of failure of my friend to seek permission and its results which was known to us after this incident and not the proper advise which was the need of the hour."
THIS IS A FREE LEGAL ADVISE FORUM WHEREIN THE EXPERTS GIVE FREE AND CHARITABLE ADVISE SPENDING THEIR OWN TIME, FAMILY COMFORT, NET CONNECTION, ELECTRICITY ETC.
It is better your friends pays an advocate the get proper advise.
Guest
(Expert) 28 August 2013
Seeking information through RTI may not probably offend the authorities so much, but court case may definitely cost you very dearly, as at first misconduct for not seeking prior information for higher studies supplemented by court case in a bid to compel the authorities to get higher qualification recognised before satisfaction of the employer would be annoying the employer.
So, adoption of submissive attitude in correspendence, but in right perspective, with the help of some service law expert may help your friend suitably.
