new icai conspiracy:April15 rule: Not enough

Articleship 1924 views 26 replies

The relaxations which icai has claimed are forhelping principals and students who are facing diificulties in getting transfer are of no good and is only done to

a)to take out steam of student's growing anger and their growing willingness to drag icai to court for hampering their fundamental rights guaranteed by indian Constitution.

b) to confuse the students and buy time so that they can say after if suit is filed "why are they complaining now, they accepted it then"

The relaxations are certainly not enough. Where we trying to take transfer now. We were worried that in future special circumstances may force us to desperately neeed  transfer (just suppose CA starts harassing student and his parents are in the same city; Will he have to leave CA studies just becuase he can't take transfer).

Added to that; this rule will help ONYYYYYYY those who have persuaded their CA to sign that their articleship terminated  by March 27. Suppose i want transfer now; until the relationship between me and my CA is good; he will never sign the date of transfer as on or before March 27; and will gleefully laugh at my plight of not being able totake transfer and will take revenge after April 30.

Friends, we must not be hoodwinked by the ICAI; as we are their baap. We should not forget that anytime in future we might need transfer whatsoever case it may be.We have to strenghten ourselves and should protest and even drag icai to court.

Let's file a PIL guys.

 

 

Replies (26)

little bit relaxation is provided

This is not enough , we shall go ahead. you are right jose we shall continued our process and let's file a PIL guys.

how will these relaxations help if we are not able to get our form signed for a date on or before 27.03.2009....i completely agree with you jose....we have to do something about this.

Yes jose,

ur correct, i agree

 

If the Articles were to file a writ of Certiorary in the High Court under Article 226 and in Supreme under Article 32, I am certain that the ICAI will be forced to dilute the strangulating   provision of restricting transfer to another CA. Else it will be quashed altogether.

I am a law student. I know. Earlier similar provision existed for new lawyers when they had to undergo compulsory training under an Advocate for one year. They could be enrolled as an Advocate with the Bar Council of India only on production of such a certificate. That provision was struck down.

To me it is a simple legal  issue : the rule by itself has the potential to cause exploitation.

The discussion about attitudes and conduct on both sides, is reflective of only comparisons between past and present mindsets.

Yes, something has to be done about this. PIL is the best way..

 Something is better

 Rajan bhaiyaa; you have a really good grip of laws and best of luck for your june exams. you surely have full knowledge about how PILs are in india. Couldn't one of your contacts who is not a CA or CA student file a PIL on behalf of us as PIL can be filed by ay indian with welfare of public at large.

Like i had disclosed last time; there is gonna be meeting of icai main body in April 17-18 this week. We should file PIL latest by april 18; or else april 19 is sunday as all the main CA members will return back to their city.

I suspect that this new relaxation is trying put the wool over our eyes; or trying to appease some CAs who previously had threatened to take them to court. Suppose we really file PIL in high court; they will surely have to modify to a large extent if not revert the draconian rules.

Jai Hind.

Jai CA students ki ekta.

Once pil is filed;along with that we shall start online petition signing campaign and send it to President,PM and of course that selfish Utaam Agarwal.

Originally posted by :Rajan Gupta
" If the Articles were to file a writ of Certiorary in the High Court under Article 226 and in Supreme under Article 32, I am certain that the ICAI will be forced to dilute the strangulating   provision of restricting transfer to another CA. Else it will be quashed altogether.

I am a law student. I know. Earlier similar provision existed for new lawyers when they had to undergo compulsory training under an Advocate for one year. They could be enrolled as an Advocate with the Bar Council of India only on production of such a certificate. That provision was struck down.

To me it is a simple legal  issue : the rule by itself has the potential to cause exploitation.

The discussion about attitudes and conduct on both sides, is reflective of only comparisons between past and present mindsets.
 
"


 

 

Dear rajan Just let me know which fundamental right is hit by this provision so that we can invoke Article 32.

 

As far as caseis concerned I am with you in this case.

As i urged earlier also that we all should send an email to president :- president @ icai.org.

I again request all of you to send an email

it can make the diiference as it has done.

Seriously guys..we must do something. The constant changes taking place in the course is making it confusing and they all seem to be keeping in view the Principals advantage and not the CA students view point. The long duration of 3.5 years along with the pathetic stipend compared to the amount of work we are forced to do was already deterring aspiring CA students.

 

But this new scheme of transfer has just made it more anti-student and pro-Principal. They cannot take away our freedom to work under a Principal of our choice. ICAI has been very short sigthed and has not seen this situation from the students point of view. Due to this, we students will be forced to work for the same Principal even if the work does not provide good experience, work is overburdened on us, unethical or bad behaviour by the Principal, taking transfer to gain experience on different aspects in the accounting field will also get curbed due to this recent notification.

 

I hope the institute realises the anti-student changes it has been making since some time now, and make it more student friendly. I really can't see any advantage the students have while doing the CA course. Infact its more advantageous for Principals cause they get to hire people who are more smarter than the average people and that too by paying such minimal amount that is not even paid to the lowest rank in an office.

 

I feel the course really needs some changes to make it more attractive and student friendly, rather than add more and more rules and regulations to tie down the student to not let him/her do anything else during the course time and also not let him/her do anything the way he/she wants.

 

Somebody really needs to stand up against the Institute and tell them the students view point and the way we have been suffering while pursuing this course.

 

Why not start a group or something to make ourself heard. If anybody is ready to make the group to make a difference to improve the course and make it student friendly, please let me know cause i'll be glad to join in and help make a difference

you guys are right. The institute cannot harrass us on the single count of it being the biggest body.... Transfer of parents is not the only criteria for transfer of articles...

hey guys u r right... we must continue our proces...

I totally agree with Jose.

But befor filing PIL against the Institute, we should make them realize that they have done a Disatarous thing for the students. What I suggest is that, we should express our opinion to the Institue about the New Rules by E-mailing them and telling them how badly these rules are affecting us.

 

M agreed with Jose !!

 


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