A student wins a case against ICAI for cancelling her result alleging that she had made derogatory remarks to the institute over email.
Hon’ble High Court decides the action of ICAI as suppression of right to speech and treating suggesion for improvement as challenge to it’s authority.
The student is PASS and the Institute has been directed to send original marksheet and certificate of passing to the student.
Hon’ble court has read such action by Institute as violative to Article 19(1)(a) of the Constitution of India. (Para 60).
Further, court pointed out that when petitioner has mailed her issues/remarks to President of ICAI and its office Bearers and not to Examination committee but instead Examination committiee is taking cognizance of the issue, it means that such office bearers should have forwarded such mail to Examination committee. In such case, it pose serious doubt on efficacy of remedy of review by Council under Regulation 176(3) – (Para 47 of the Judgement).
Judgement can be downloaded by Clicking Here