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Can i approach the court to get articleship if not granted by company
21-Sep-2023 (In Labour & Service Law)
Sir, If the competent authority has granted permission to pursue Chartered Accountancy Course stating therein that the official is allowed to pursue Chartered Accountancy Course but the official cannit be granted leave for pursuing articleship training of three years. In this regard can I goto the court against the same to grant me leave because without articleship training i am not eligible to appear in any Chartered Accountancy exam and there is no exemption available for Articleship Training as per ICAI.
The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002 the order of the competent authority grating you permission to pursue the Chartered Accountancy Course but denying you permission for article ship training is violative of your fundamental rights guaranteed by the Constitution of India and therefore is challengeable in the appropriate court of law.
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Adv. Harish Chandra Yati
Noida | 100+ Answers
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You're bound to have a certificate of articleship to be eligible for becoming a certified Chartered Accountant. If the competent authority does not provide you leaves for pursuing the articleship you can get in touch with them, through a complaint and get your leave granted.
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There is nothing in service laws which can facilitate your Article ship. The company or department is not bound to give you leave. If you want you may take leave without pay to complete your CA course. No legal recourse will help.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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