Facing Job Offer Withdrawal Due to Institute's Suspect Status: What Can I Do?

Hello Experts, I received an offer letter from Cognizant Technology Services on 7th Nov 2017, and my joining date was 8th Jan 2018. On 5th Jan, someone from the BGV team called me to inform me that my BGV is negative because my institute is on a suspect list, and they are not proceeding with my joining. I inquired if I had provided any incorrect information, and they confirmed that all the information was accurate. However, my institute's presence on their internal suspect list was the reason for not moving forward.

I completed my BBA through distance learning, and I disclosed this information on the candidate information sheet requested by CTS two months ago. My institute is recognized by the government of NCT New Delhi, and the license number can be verified on its website. Therefore, I am perplexed as to how they can make their decision based on their internal assessment, which seems to contradict Indian state law.

I am contemplating if there are any legal options available against CTS as I have not received any response from them. As of now, I have not received a single email regarding this matter; I only received a phone call two days prior to my scheduled joining date.

Thank you for your kind suggestions.

There is a breach of promise by M/s CTS, and hence, you can seek compensation under the Contract Act of 1872, although the courts do not have the authority to order your appointment. CTS is a private company, so a writ petition may not be the appropriate remedy. Anyhow, the first step is to send them a representation seeking clarification on why they are refusing the appointment. Await their response and then share it.

Company's Right to Decide on Hiring

The company has the full right to decide whom to hire. It is also possible that they have information about irregularities in your institute. Everyone knows that many institutes, while having government licenses, are not following rules and are issuing fake licenses, etc. Since we don’t know the details, making any specific comment would be impossible.

Communication and Legal Recourse

What they have done wrong is to give you a reason over the phone and not in writing. Perhaps they should have given you an opportunity to present your side of the story. However, there is little you can do. At best, the court, after a long battle, will give you some compensation. Under the law, they would perhaps be liable to give you one month's notice pay.

Legalities of the action of the company, moralities can be debated. In fact, they do not want employees from X institute, and there is not much a candidate can do about it.

Write to them and offer to be tested for skills and aptitude, and hope they respond.

Yes, interesting thing is that the candidate has done BBA from correspondence course, which has little value irrespective of the institute, and if not done from one of the very renowned institutes, the companies generally ignore such cv. I wonder how the HR team didn't realise during interview that he was from a blacklisted institute

Management's Discretion in Candidate Selection

This is a discrete decision of the management to select candidates from any institute, whether from a regular or irregular course, with or without experience. In this case, the agency has shown its immaturity while conducting the interview and issuing appointments. This is simply harassment and playing with the emotions of individuals who are striving to earn their livelihood. There is a misconception about the correspondence mode of education; many talented people choose this mode to address various problems. The interview is conducted to test the skills and estimate the potential within a candidate for the position. One of my acquaintances holds a key position in a world-renowned company despite having a qualification/degree from a correspondence course at a lesser-known university.

Hello Experts, I received an offer letter from Cognizant Technology Services on 17th May 2018, and my joining date was supposed to be on 21st January 2018. However, on 18th May, I received a call in the evening from the BGV team informing me that my background verification is negative due to my institute being on a suspect list. Consequently, they are not proceeding with my joining process. When I inquired if I had provided any incorrect information, they confirmed that all the information I provided was accurate. The issue was solely because my institute is on their internal suspect list.

I completed my B.Com in regular mode from the Mumbai Divisional Board, and I had accurately disclosed this information on the candidate information sheet as requested by CTS. Since my college is aided, I am perplexed about how they can form their own opinions internally against an Indian state law. I am now considering if I have any legal options that I can pursue against CTS, as I have not received any response from them. To date, I have not even received a single email regarding this matter; I only received a phone call just two days before my expected joining date. I would appreciate any guidance or suggestions you may have.

Thank you.