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permission to obtain higher qualification while in military service
09-Jun-2023 (In Armed Forces Tribunal Law)
Sir,
1. I am a serving soldier of Indian Air Force under Personnel Below Officer Rank (PBOR) category.
2. Recently, Air HQ (IAF) has issued a new policy debarring PBORs from obtaining higher civil qualification. Under this policy only those PBORs who obtains more than 80% marks in their promotion/skill test may be permitted to obtain higher civil qualification. Further under this policy permission only being given for courses related to the present job profile (trade) of the individual.
3. Though I have obtained more than 70% marks in my promotion/trade test I have not been given permission to obtain higher civil qualification.
4. Can I persue higher study without permission of my employer (IAF)? Is the certificate obtained under this category will be valid for all purposes?
5. Any other suitable advice.
Sir,
The said policy by the Air HQ is highly derogatory and needs to be challenged. The proper remedy may be achieved by the medium of writ and that can be filed in the High Court. The policy forbids the people from acquiring education of their choice and hence there are fair chances of success in the case filed against it.
The said policy by the Air HQ is highly derogatory and needs to be challenged. The proper remedy may be achieved by the medium of writ and that can be filed in the High Court. The policy forbids the people from acquiring education of their choice and hence there are fair chances of success in the case filed against it.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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The IAF is well within right to amend or revise policy. The policy can not be challenged just because a few candidates are affected. The Policy also allows higher education through Project Akashdeep. However, fixing 80% as qualifying marks appears arbitrary and this can be challenged in Court.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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