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Pavan kumar   27 May 2016

Terminated from the service due to ineligible qualification

my brother is terminated from the service in the central govt dept due to his 10+2 qualification from karnataka state open university which is not recognized by the govt it has conducted the course illegally. During the appointment my brother was appointed 1 month delay after verification of my educational qualification by dept. and it was informed by the dept. that all your documents are verified and they are correct and suddenly now after 1year 4months of service it has terminated. my request is if there are any laws which are applicable for this case please assist me..


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 5 Replies

Ritesh Maity (Labour Law Advocate)     27 May 2016

Prima facie, it seems you have a good case as your brother's certificates were produced and verified and thereafter appointment was given. Assuming that there was no suppression of facts during interview, it is the responsbility of the employer to verify all the produced documents and on the basis of such verification, appointment is to be issued. I think for such illegal termination you have to file a writ application before the High Court since your brother is a central government employee.

Kumar Doab (FIN)     27 May 2016

Other prespective: An illegality can not be converted into legality.

Therefore downlaod the existing rules at the time of recruitment and at the time of verification and at the time of termination.

Also check if by any notification, precedence, judgment such qualification was accepted for Central/state govt employment.

In any case the affected employee may press for damages as well.

Cosnult a very able counsel specializing in labor-service matters.

 

 

 

Sudhir Kumar, Advocate (Advocate)     28 May 2016

you please give full facts of the case.

 

generally verification is for authenticity and not for admissiblility.  Board /School is nobody to certify to the deptt whether the certificate given by them makes the candidate eligible for how many posts in how many deptts.  They have no such data.

 

what was the post

what was required qualification

how this quaalification is ineligibel.

Sudhir Kumar, Advocate (Advocate)     28 May 2016

So as per the information given in the PIL, the qualification was not recognised.

 

Decision of the deptt is correct as long as it has been taken after issue of Show cause Notice.

Kumar Doab (FIN)     28 May 2016

What PIL!

 

The author has not posted about PIL in the query!

 

"

my brother is terminated from the service in the central govt dept due to his 10+2 qualification from karnataka state open university which is not recognized by the govt it has conducted the course illegally. During the appointment my brother was appointed 1 month delay after verification of my educational qualification by dept. and it was informed by the dept. that all your documents are verified and they are correct and suddenly now after 1year 4months of service it has terminated. my request is if there are any laws which are applicable for this case please assist me..
"
 

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