Can an email to ICAI leads to withholding of senders result
ICAI cancels the result of a CA Inter student who sent an email to the questioning the exams during the situation of Covid 19 and suggested to strengthened the Online exam structure. Court held the order fundamentally without any basis besides being arbitrary and Vindictive.
A 21 year student filed a Civil Writ Petition in High Court of Rajasthan at Jodhpur being aggrieved by the act of Institute of Chartered Accountant of India.
Facts of the case:
- After cancellation of May 2020 examination, a new schedule for CA Examinations came and exams were re-scheduled to be conducted between November 21st and December 14th, 2020. Institute also gave an option to all those candidates, whohad filled-in application forms for the examinations of May, 2020 to appear in the examinations to be held in November, 2020 along with an opt-out option.
- On 20.11.2020, the student sent an e-mail to the President and other office bearers of the Institute with many emotional comments, but the thrust of her e-mail was only to suggest that online infrastructure be developed so that all levels of CA Examinations be conducted
- The student and her father got infected with Covid and a report dated 21.11.20220 was filed with the petition.
- The Student opted out of the November exams and appeared inthe examinations held in Jan’21.
- The student got show cause notice from institute and her result was put on hold.
- On the same day, the student sent an unconditional apology. Thereafter institute send her a communication requiring her presence at Jaipur. The student appeared before the institute at the scheduled date and time.
- When the student checked her result at the official website of institute , she found that her result has been cancelled, under caption “ADOPTED UNFAIR MEANS. LETTERFOLLOWS”.
Court directed-Institute to produce student’s result in a sealed envelop. The Counsel of student submitted that in many a cases, the Court opens the envelop to see as to whether the concerned petitioner has passed or not before proceeding to decide the case on merits-considering that if the candidate has cleared the examination, the matter would be heard and if not, it can be dismissed as infructuous.
But he further insist that rather to that the matter be heard and the result be ordered to be declared, only if the Court found substance in petitioner’s submissions and merits of the case.
Held:
- The impugned decision cancelling petitioner’s result is nothing short of colourable exercise of It also showcases vindictiveness of respondent Committee.
- The Student was warned of dire consequences by Institute, if she further write such type of communicationto ICAI and the student never write even a single letter to the Institute or to any other authority thereafter. The Institute, therefore bound by its own notice was estopped from initiating any action much less disciplinary proceedings with respect to student’s e-mail. Therefore, the proceedings of Institute were fundamentally without any basis besides being
- The action/punishment of cancellation of result was therefore, not just clearly contrary toprinciples of natural justice but also against the law laid down by Hon’ble the Apex Court in the case of Gorkha Security Services Vs. Govt. of NCT, Delhi reported in (2014) 9 SCC 105 where Supreme Court observed that a show cause notice should necessarily state the action which is proposed to be taken against the noticee.
- Also, the impugned order of cancelling theresult is inherently illegal, falling foul to Article 14 of the Constitution of India and the same is liable to be
Therefore, the result of student was declared and a cost of Rs. 20,000 imposed on institute to be paid to student.