A division bench of the Delhi High Court recently dismissed a writ appeal filed by the CA students to annul the results of CA Final exam held on November 2017, declared by the Institute of Chartered Accountants of India (ICAI).
The petitioners, Milind Agarwal and Others contended before the Court 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 respondent Institute to the respective Regional Councils, Branches, Centres, its office bearers and members according to which that they had all passed in Group I/II and in the case of petitioner no.23 in both the groups. When they contacted the Institute on receipt of such messages, they were informed that the exam notification being circulated on WhatsApp/facebook showing the petitioners as having passed in their respective groups was correct. According to the petitioners, a copy of the e-mail vide which the respondent-institute had forwarded the result notification to its branches, centres at 6.57 p.m. on 17.01.2018 was also being circulated on the facebook and other social media platform.
While dismissing the petition, the Single bench had observed that there is no denial by any of the parties that the result declared on the websites of the respondent-institute has never been altered, which is not even the case of the petitioners.
Upholding the order of the Single Judge, Justice Sanjiv Khanna and Justice ChanderSekhar observed that “we do not think any right accrues or any benefit can be extended to the appellants as an incorrect list was mailed to the Aurangabad branch. The list e-mailed to the Aurangabad branch was never uploaded on the website of the said branch nor communicated to the appellants or others officially. On learning about the lapse and error, immediate steps were taken and the correct list within a few hours was mailed to the Aurangabad branch at 09:57 p.m. on 17th January, 2018. Aurangabad branch had only thereafter uploaded the result at 12:05 a.m. on 18th January, 2018. At the risk of repetition we would record that the incorrect list mailed earlier to the Aurangabad branch was not uploaded on any official website.”
“We would accept that the respondent- Institute should have been careful and exercised care and caution and do recognise the triumph and pain suffered by the appellants and others, albeit this cannot be a ground to allow the appeal. A mistake and error cannot confer a legal right,” the bench added.
Following the decision, the ICAI has constituted a group to review the evaluation system of the examination answer books, under the convenorship of CA. Madhukar Hiregange, with a former Director (Examinations) as special invitee, in view of the effective organisation of centralized evaluation of answer books during his tenure. Besides, the Group will also analyse the existing system of empanelment, review, training and monitoring of examiners’ work. The Group will study the examination system of other important national institutions too and suggest suitable strengthening measures for adoption to the Institute.
