Transfer after 1 yr of Articleship on medical grounds

To address your query regarding the medical certificate for an articleship transfer, it is essential to distinguish between the first year and the subsequent period of your articleship, as ICAI regulations differ significantly.

1. Requirements for Medical Grounds

If you are transferring after the first year, you are required to provide proof of "medical grounds requiring discontinuance of articles for a minimum period of three months."

• Medical Certificate: This must be issued by a Government Hospital. It should clearly state that the nature of your medical condition necessitates a break or significant health-related accommodations for a period of at least three months.

• Documentation: You must submit this certificate along with a request on plain paper to the ICAI.

• Approval: For transfers after the first year, you are required to obtain prior permission from the ICAI before you proceed with the formal termination (Form 109).

2. Strategy: Taking Leave vs. Applying for Transfer

You asked whether you should take leave first or apply for the transfer.

• Do not just "take leave": Simply staying away from the office without formal documentation can lead to unauthorized absence, which may cause issues with your articleship completion.

• The Recommended Path:

  1. Communicate: Inform your principal in writing about your health situation.

  2. Get the Certificate: Obtain the medical certificate from a Government Hospital confirming the need for a three-month break.

  3. Prior Permission: Submit your request to the ICAI regional office first, along with the medical certificate and the recommendation/consent of your current principal.

  4. Formal Process: Once you receive the ICAI's approval, you can then proceed to have your principal sign Form 109 (Termination Form) for the formal transfer.

3. Summary Table

Important Advice:

• Always keep a paper trail: Send all formal requests to your principal via email or registered post so you have proof of communication.

• Do not file Form 109 blindly: Because ICAI requires prior approval for transfers in the second/third year, submitting Form 109 without that approval may result in your application being rejected or causing unnecessary delays in your registration with a new firm.

• Resolution: If your principal is refusing to cooperate, try to resolve it amicably, as ICAI generally prefers that students and principals settle disputes privately before the Institute intervenes.

Summary

To transfer your articleship on medical grounds after the first year, you must obtain a medical certificate from a Government Hospital specifying a minimum three-month discontinuance. You should not simply stop attending; instead, first submit a request with this certificate and your principal's recommendation to the ICAI for prior approval. Only after obtaining this approval should you proceed with signing Form 109 to officially terminate your articleship.