CA result mismatch: Delhi High Court asks ICAI to produce documents : A division bench of Delhi High court has admitted appeal of CA students, which was earlier dismissed by the single bench of the hon’able Delhi Court.
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Click here to Download the previous Judgement  
Background of the Case:
The petitioners were students who, appeared in the Chartered Accountants Final Examination conducted by the Institute in November 2017. They were aggrieved by the result declared and published on the its website by the wherein all of them have failed in their respective Groups.
The Petitioners claimed that on 17.01.2018 through messages on whatsapp and facebook, they learned that notifications declaring the result of the examination had been circulated by the Institute to the respective Regional Councils, Branches, Centres, its office bearers and members .
According to that notification they had all passed in the examination.
They had also contacted the respective branches of the respondent Institute and were informed that the exam notification being circulated on whatsapp/facebook showing the petitioners as having passed in their respective groups was correct.
Upon learning this, they logged into CA institute website, whereby they were declared failed in their respective groups even though as per the notification being circulated on whatsapp/facebook, they had all passed.
All this has raised the question of Authenticity in minds of students. Aggrieved by the result, they filed a writ-petition in Delhi High court, which was dismissed by the single bench of the hon’able Delhi Court.
They again appealed against the earlier judgment dated 12.02.2018 passed by Ld. Single Judge of Honble Court in W.P. (c) No.1107/2018 titled as Milind Aggarwal & Ors vs. The Institute of Chartered Accountants of India, whereby the Ld.  Single Judge has dismissed the petition under Article 226 of the Constitution of India.
This time the division bench of Delhi High court has admitted appeal of CA students & has asked ICAI to produce documents & explain the criteria of result.
It was also contended by the court that the ICAI has acted unreasonably while dealing with this issue.
“It is apparent that in the present case that the Respondent Institute and its officers have acted in an arbitrary manner without any objective criteria.” said the Court in its Judgement.

CA result mismatch: Delhi High Court asks ICAI to produce documents

Final order of the bench:
“In view of the facts and circumstances stated herein above and in the interest of justice it is most respectfully submitted that this Honble Court may kindly be pleased to:-
a. Set aside the judgment dated 12.02.2018 passed by Ld. Single Judge of this Honble Court in W.P. (C) No.1107/2018.
b. Pass appropriate orders as to the calling/summoning for all the records, lists, tabulations, decisions etc., related to the Final Examination of CA held in November 2017, including tabulations in the codified and decodified form, on the basis on which the results were sent to the Regional Council & branches were prepared and also to call for the revised de-codified tabulations and results and quash the changes made to the de-codified results/ marks and to uphold the results declared;And
c. Direct the respondent Institute to disclose the standard criteria, if any, relating to the moderation of result, employed by it, for the purpose of making the revisions under regulation 38(2); and/or
d. Direct the Respondent Institute to disclose the standard criteria, if any, relating to moderation, employed by it, for the purpose of making revisions under Regulation 39(2) and incase of failure on the part of the respondent to do so, the Honble court may take cognizance of the issue and forward the present appeal to treat the same as a PIL w.r.t. to the instant prayer.
e. Stay the operation of the Impugned Results till the pendency of the present appeal.
f. Pass any other or further order(s) which this Honble Court deem fit and proper in the facts and circumstances of the case.”
Next hearing would be on 8th May 2018.

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