Milind Aggarwal Vs ICAI (Delhi High Court)
The dispute relates to the result declared by the respondent-institute. The appellants claim that they had cleared Group I/II as per the result circulated through Whatsapp messages and uploaded on Facebook. They rely on the screenshots.
The appellants however accept that as per result uploaded on the official website of the respondent-institute and the mark-sheets downloaded by them they had not cleared the respective Groups.
The stand of respondent-institute, which has been accepted in the impugned judgment, is that the list sent to the Aurangabad branch at 06:57 p.m. was an incorrect list sent by mistake. In the said list, marks were calculated on paperwise moderation of upto 25 marks as was suggested by the Chair, which suggestion was not accepted by the Examination Moderation factor of 13 was agreed and was to be applied. Minutes of the meeting quoted above affirm the said position. What is important and clinches the controversy, is the fact that the respondent-Institute had uploaded the correct list on their website at 05:38 p.m. on 17thJanuary, 2018. This uploading on the website of the respondent-Institute was earlier and prior to the point of time viz. the e-mail was sent to the Aurangabad branch.
