dear ram and gunjan i am also stuck in same kind of situation
read my story here
https://www.caclubindia.com/forum/messages/2009/5/32828_transfer_rule_ruined_my_life.asp
kush.
(ARTICLE / PCC Student)
(92 Points)
Replied 31 May 2009
dear ram and gunjan i am also stuck in same kind of situation
read my story here
https://www.caclubindia.com/forum/messages/2009/5/32828_transfer_rule_ruined_my_life.asp
ram rahim
(Article Assistant)
(188 Points)
Replied 31 May 2009
Hi Kush,
Please mail me all the details related to u and ur phone number etc. on roark.2022 @ gmail.com
jose.p
(CA in service)
(1676 Points)
Replied 31 May 2009
| Originally posted by :ram rahim | ||
| " | Hi Kush, Please mail me all the details related to u and ur phone number etc. on roark.2022 @ gmail.com |
" |
First of all arguments,
we have to say that this rule prohibits "right to emancipation" that not all students have knowldge of how to choose firms for articleship so we make usual mistakes in choosing one in first place. I too was a victim. And CAs may not show ther true picture in the first interview and we always should have an option to leave if the place doesn't fulfil our desire for continuous growth ; and our appetite for more exposure. A single CA firm can't for sure fulfil the second criteria.
And we could use this opportunity to raise a dark conspiracy by icai by always making such rules which have double meaning leaving scope for members to exploit students. Through this writ; we should bring the notice of hon'rble judge towards a clause of CA for transfer(old) that it can be taken only by mutual understanding.WHAT IF A STUDENT WANNA LEAVE AND THE CA IS BLOCKING HIM?
The icai may make an excuse before court that "they have made an committe to list out GENUINE reasons for transfer". Again it is thir ploy to make another ambiguous provision to exploit students. Can anybody here say for sure that is it possible for anybody to make a list of exhaustive reasons for transfer. Can anybody predict what situations life may bring before us forcing us to take transfer. And uppose icai makes such list; what if the situation is not in that list; then the student will lose precious months applying and begging before greedy icai officers to consider his case and accept his transfer. His old firm will surely take him back.
ram rahim
(Article Assistant)
(188 Points)
Replied 31 May 2009
I request you all to please your arguments and suggestions at roark.2022 @ gmail.com
it would be helpful in compiling the data at ease....
utsav
(CA Final)
(99 Points)
Replied 07 June 2009
sumit
(CHARTERED ACCOUNTANT)
(479 Points)
Replied 09 June 2009
hello friends in our last class mr. praveen sharma who is a renounwd teacher in accounts said that...this transfer issue will be closed once for all if any student file a case against instiute once he got that info from icai sources............i have heard a site onlinepetition.com.......i think it will be of gr8 help for us
ram rahim
(Article Assistant)
(188 Points)
Replied 10 June 2009
Hello Sumit,
I am sure that you are from Delhi. I am glad that Pravin Sir made such a statement. However, I believe what we need actions to back such statements. Why do not you ask Pravin Sir to join us in this task. He is popular and has many students coming to him for coaching. He can definitely act as medium of transporting this idea and help us in gathering mass support before going to court.
If you can not ask him to do this, then get me a chance to meet him on 23 June 2009 in Delhi. I am sure I would be able to convince him.
This is not my personal fight. It is a moral issue where we need to take sides instead of deciding to sit on the bench to see who wins!!!!!!
Waiting for your considerate reply
ram rahim
(Article Assistant)
(188 Points)
Replied 10 June 2009
Sumit,
You can PM me your number and we can talk over phone...I would be in delhi on 22nd...So if possible see if you could arrange some support for us there and some through Pravin Sir
ram rahim
(Article Assistant)
(188 Points)
Replied 10 June 2009
and this Sit onlinepetiton is not a judicial site...it can only help in generating some support...but not material enough to make a considerable impact...I have used this site before for some other issues, but it did not help much
Rajiv
(Audit Assistant)
(44 Points)
Replied 11 June 2009
Hi Ram even my teacher was also telling us today if we file a petition against the institute then the notification will be on hold.
But the problem is that most of the students are not ready to come forward and complaint against the institute.
The rest of the matter I will mail u at ur personal Id
ram rahim
(Article Assistant)
(188 Points)
Replied 11 June 2009
Rajiv....thanks for your support.. do mail me at roark.2022 @ gmail.com
Budding Professional
(B.Com, CA & CS FINAL)
(1686 Points)
Replied 12 June 2009
| Originally posted by :ram rahim | ||
| " |
it seems that we have no resort left other than to move to Judicial Court to overturn the directions of ICAI in relation to transfer rules...
I appreciate your initiative to file a petition against ICAI. Regarding that I have a few points which might help you The Institute has allowed transfer in case working parents are transferred or they shift in any other city or the transfer can be taken on some medical grounds. These are things which rarely happen in one’s life. Moreover, the Institute has said that transfer may be allowed in cases considered genuine by the Institute. These would be different for different students- like someone would not have adequate studying facilities in his/her town, some might be having sick relations with their Principal and some might be wiling to take transfer due to some personal reasons. So, which cases will be considered as genuine?
The students who are undergoing training in smaller cities and towns, who have limited scope of work and also they do not have enough coaching facilities around them are left with no option but to continue with the same. It means if they want to excel more, it is just impossible. Although, there is a scheme of secondment, but that is not possible to everybody. A principal can’t afford to let the student work for a few months with him, then second him to another principal, again getting him to work and again getting him off for Industrial Training and GMCS course (during the last 12 months).
Moreover, the Institute announced on 28th April,09 that transfer will be allowed upto 15th April,09. On 1st May,09 everybody was surprised when they came to know that the announcement has been withdrawn. Now following the announcement, a few students might have taken transfer and many must be planning to do the same. Now, those students who following this announcement took transfer and submitted the forms with the Institute, what they will do? Will the Institute recognize their transfer? If no, how will it compensate the students who have taken transfer and after the withdrawal of the announcement, they wish to rejoin their articles under the same Principal, but their Principals are refusing to take them back.
Along with this, ban on transfer have given the principles the freedom and autonomy to be harsh and rude with the students & extract maximum work from them ignoring their working hours of the students and the regulations laid down by the Institute in this regard. They can pressurise the articled trainees to do more work as the trainees have no option but to do it otherwise the Principal can spoil his carrier. They might send report to Institute that the articled trainee is not regular or any other negative point.
The announcement further says that any misconduct on the part of the student will be strictly punished? But if the Principal is violating the norms, what are the provisions?
I think that this regulation to ban the transfer of articles should be withdrawn and if enforced it should be applicable for the students who wish to join the articles w.e.f any future date and the existing trainees should be given 1 or 2 months time to take transfer.
I think we all CA students should unite to make this initiative a success.
Hope it will add worth to the case.
Wish you all the best in for your case. My support and cooperation will always be there with you. Whatever I can do I will do that.
Neeraj Singh
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