Will CA students or other parties drag ICAI to court

Articleship 2547 views 24 replies

You all may already have read out my post on "wthe real reasons why icai....."

So what do you think; that icai is doing this for us. They know how to put the wool into our eyes. Bonded labour has been illegal in India since 1976. Articles work under a contract with the CA. And now ICAI is unnnecessarily forcing student not to leav the contract as per their wish. Aren't they trying to bring bonded slavery again.

Why don't CG come into this matter.

Why wont sb drag them to court for trying to block the right to live with freedom and dignity and Right for equal emancipation from common Indian ca students.

Is it written in icai's rule book that only sons and daughters of CAs will be more chances than other normal students to pass or else their dad's office will be vacant.Only they will be not allowed to search for green pastures as "they will go to bigger forms without signing form 109; and garner new exposure" while normal students will have to live in their present sh*t like condition

Replies (24)

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 you all we should file v r not slaves to work so

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

what u say frnds...

Do it frnds, fix a date and venue , and spread it all over, i will be thr and i hope every ca student if possible will be thr,
At least article clerk should be given an opportunity to request for a transfer because of the following facts:
 
The young students who has just passed 12 or is just a graduate nowdays faces difficulty to get a CA firm where he can undergo training.
The principal he joins has a great role in shaping his career map.
 
It is very unfair that the student not be given chance to change his principal.
 
In case a student happens to choose a principal then according to this circular he would be forced to complete his articleship.  In fact this type of notification is very cheap in itself and might be in favour of a minority interest.
 
In case the principal is not being able to impart proper practical exposure to his article or he is harassing his article, then the article should also be given an opportunity of being heared.
 

 

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

ICAI Vs ICFAI on use of the word "Chartered"

ICAI Vs ICFAI - prohibition on Chartered Accountants using CFA.

 

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.


CCI Pro

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