ICAI CA Result 2021 : Rajasthan High Court Directs ICAI To Publish The Exam Results : The Rajasthan High Court has directed the Institute Of Chartered Accountants Of India (ICAI) to release the result of a CA student that has been put on hold.
Risha Lodha D/O Bhagwat Singh Lodha Vs Institute Of Chartered Accountants Of India (Rajasthan High Court), a 21 years old CA students whose result has been put on hold by the institute because of the derogatory remarks made by her on an email. The 21 years old CA students had cleared her CA Foundation examination in the year 2018 and was thus eligible to appear for CA Intermediate Examination. The exam was to be conducted in the month of May, 2020. But because of the pandemic, it got shifted and was re-scheduled to be conducted between November 20, 2020 to December 14, 2020. Later the exams again got shifted and thus, the petitioner was issued the admit card to appear for the examination to be conducted from January 22, 2021 to February 7, 2021.
Rajasthan High Court Directs ICAI To Release Result Of A CA Student
The 21 years old petitioner got frustrated with the delay in the examination, and thus wrote an email containing derogatory remarks addressing the Institute’s President and Other office bearers. Later, on February 22, 2021 she received an email from the Dy. Secretary (Examinations) that her result has been put on hold because of the derogatory remarks she has made in her email.
CA Student Apologized For Her Email
CA Student realized her mistake and wrote an email to the Institute apologizing for the remarks she made. she also explained that she did not do it intentionally but her frustration made her do that. Exams were getting delayed and she was concerned about her and her father’s safety because of the pandemic. Therefore, the situation made her loose her temper.
Rajasthan High Court Took Decision In Favour Of The CA Student
After going through the email, the Rajasthan High Court found that the email was addressing the President of the Institute and other officer bearers and has nothing to do with the Examination Committee. “Hence, the Examination Committee ought not have taken cognizance of an e-mail sent to the President of the Institute, unless the President directed it to do so”, the Rajasthan High Court said.
The court also added that, there is hardly anything in the e-mail, for which it can be alleged or constructed to be derogatory. May be the petitioner could have been more calibrated in her emotional utterness and could have avoided some sentences. The court also feels that the action of the respondent of the email taken against the CA student was rather overbearing or high handed.
While taking the decision in favour of the 21 years old petitioner, The Rajasthan High Court also demanded from the Institute to release the result on the official website and directed them to send the original mark sheet and certificate of passing of the CA student. The court also added that a professional body like the respondent Institute (ICAI) should introspect and ensure that its over-enthusiasm of attaining professional excellence should not silence the speech of any student as it was done in this case.