Will CA students or other parties drag ICAI to court

I agree with your views.

Below are my view:

Hi friends,

The new rules of ICAI restricting an article/intern from transferring his articleship only in limited circumstances is quite unreasonable and prima facie conflicts with freedom of an individual.  Any article/intern who wishes to get the best of his articleship period may want to switch over to another principal for better experience.  This rule seems to favour the CAs more than the interns.  The basic purpose of gaining useful experience during articleship is being defeated by the rule restricting the freedom of an article to transfer his articleship.  We live in a democratic society and rights of people pursing a professional career cannot be curtailed in this manner.

Regards,

Pawan

Dear jose

 We are with you we should form the union to get justice and we should file a petition in the supreme court and human right commission

dear jose,

i m with u , lets make a union, make a yahoo id and ask everyone to join u thr, u tht msges can de delievered quickly, and also on orkut.

Dear jose I compleatly agree with you ,actully this is the tendency of institute to exploite students ,they can make the course tough so only brillient will survive but should not act in this way what they are trying to achive by doing this , this regid attitude of institute take student suffer only ,this is the area whrere CA lacks compare to MBA even after having long duration of course we are not so groomed,because one wrong decision at the time principle selection will make you to pay for lifetiime ,go ahead with your plans

Good discussions dear students....

i agree..v all should file a petition..

There is a very clear challenege to the democracy of the citizens of this country.

No one has the right to force us to work with anyone. The idea of putting a ban on right to transfer is unconstitutional.

At the same time, the mutual consent part in transfer regulations has loophole. Earlier, the regulation said that transfer is possible by mutual consent. What if there is no mutual consent? Should one start praying for his principal's death or should that student go and kill him? ICAI should mention what the student has to do if there is no mutual consent. By not mentioning the course of action in cases where ther is no mutual consent, the student is left with no choice but to work with that principal till he/she dies or his/.her articleship gets over whichever is earlier. Becaue without mutual consent transfer is not possible unless there is death or opting for industrial training (Applicable only in last 12 months of articleship)

Im completely in favor of such petition filed. I have no other issues with ICAI...but this transfer part definitely needs amendments.

i agree with u jose... lets do it......

what u say frnds...

Go ahed with your plan and ICAI will surely lose the legal battle.ICAI is habituated in losing legal battle-.

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Transfer should not be restricted. only 2 reasons has been given in the notification i.e. transfer of parents and medical reason. A large number of students come to cities from their hometown or villages to do CA. if  due to any reason other than two given transfer is sought what will happen. suppose someone has family problem ant wants to go their hometown then he shall not be given transfer.

I am a law student as well as doin CA. I have read various decisions in these regard and is of the view that these restrictions are violative fundamental rights under the Constitution. Art. 21(Right to life and personal liberty) and Art. 19 (Right to business, trade and occupation).

We should unite and file a Public interest Litigation in Supreme Court in these regard.

I request senior CA's to help the students in this matter.