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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Varad Balwant Vasant – Appellant
Versus
Union of India – Respondent
Headnote: Read headnote
ORDER
1 The Chartered Accountant Examination for the Intermediate and final course is due to commence on 2 May 2024 and end on 17 May 2024.
2 The bone of contention in these proceedings under Article 32 of the Constitution pertains to two examinations which are scheduled to be held on 8 May 2024 and 14 May 2024. The grievance is that phase-wise polling during the General Elections is scheduled to take place on 7 May and 13 May 2024 and hence, the convening of the examination on the above two days (one day after the phasewise polling) will cause severe hardship to candidates.
3 Ms Madhavi Divan, senior counsel appearing on behalf of the petitioners submitted that though there are 816 districts, there are only 290 centres where the examination is being held, as a consequence of which serious hardship may be caused to students coming from remote areas.
4 A petition which was instituted before the High Court of Delhi was dismissed on 8 April 2024. However, independent of that, we have considered the grievance to assess whether a cause of action warranting the grant of relief has b
The court upheld the eligibility criteria for the CA Final Examination, ruling that the petitioner did not meet the required practical training due to personal lapses.
The main legal point established in the judgment is the importance of providing evidence and demonstrating a violation of rights or regulations when seeking relief under Article 226 of the Constituti....
The judgment emphasizes the importance of specific challenges to notifications and the absence of vested rights for extra opportunities to clear examinations.
The power of writ courts under Article 226 of the Constitution of India has to be exercised sparingly in academic matters, limited to cases where actions borne out of malafide or arbitrariness etc. a....
The compressed examination schedule violated candidates' rights under Articles 14 and 21, denying them adequate preparation time and access to justice.
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