Sponsored
    Follow Us:

Case Law Details

Case Name : Risha Lodha D/O Bhagwat Singh Lodha Vs Institute Of Chartered Accountants of India (Rajasthan High Court)
Appeal Number : S.B. Civil Writ Petition No. 6261/2021
Date of Judgement/Order : 13/05/2021
Related Assessment Year :
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

Risha Lodha D/O Bhagwat Singh Lodha Vs Institute Of Chartered Accountants Of India (Rajasthan High Court)

(1)  The petitioner, a young girl-student of 21 years of age, has knocked at the doors of this Court being aggrieved by extreme oppressive action of a professional body-The Institute of Chartered Accountants of India (for short, ‘Institute’), which enjoys a long earned reputation of setting high standards of professional excellence, discipline and meeting the timeline especially when it comes to holding of examinations and declaring results.

(2) Although the chronological facts are handful but their culmination has been dreadful and concussion thereof could have been doomful.

(3) Aspiring to become a Chartered Accountant, the petitioner cleared her CA Foundation Examination in the year 2018 in the very first attempt. Consequently, she became eligible to appear in CA Intermediate Examination scheduled for May, 2020.

(4) On account of unprecedented situation of spread of Covid-19 and imposition of lock-down, the exams due in May, 2020 were cancelled.

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

22 Comments

  1. Ramesh says:

    I could not make out what wrong was there in Risha Lodha ‘s letter. She is a young aspiring student .
    ICAI by its misactions- one after the other tarnished its own image . People in the Institute who took this decision to torture her must be ashamed and brought to justice. Judge of the HC has really done a marvellous job and delivered justice very effectively. The CA fraternity will like to know what steps ICAI has taken after reading eye opening judgement.

  2. RAGHAV Garg says:

    Penalty shall be imposed on committee members individually in there personal capacity, why do institute bears this load.. this was seriously wrong done due to ego of some members of exam committee and shall be condemned.

  3. Bharat karavadara says:

    I like that our students are taking initiatives as she did and it is truly appreciable.and yes the court did the tremendous job in evaluation and hitting the pin point of the case and the wording use by the court are totally and completely appropriate.

  4. Andavan says:

    It is heart rending to read the well thought out judgment. What a suffering for a teen aged girl. Reminds us of Disha Ravi case

  5. Tanushri Sharma says:

    Kudos to the girl for her bravely and belief that she had in herself! Kudos to her family for supporting her rather than blaming her or advising her to let go all this and give next attempt. Kudos to honorable court for serving justice! Any educational institute should always be welcome for constructive criticism and try to improve themselves rather than shutting voices of young naive students.

  6. Krishna says:

    The institute of CA’s is high handed, highly egoistic and intolerant like many other institutions. There was no case at all to start with. They have been sadistic in their approach. The HC has done justice. I pity the plight of students.

  7. VASANT KULKARNI says:

    VERY FAIR TO THE RIGHTS OF STUDENTS. YOU CAN NOT ACT ARBITRARILY MERELY BECAUSE SHE IS JUST STUDENT GIVING EXAMINATION.THE INSTITUTE SHOULD KEEP THIS IN MIND.

  8. Dr Santosh Bharadia says:

    Excellent decision by Hon Court. ICAI thinking that they are supreme. Nobody can challenge them. Hurt less ICAI get lesson from a little girl who is emotional, desrving and brave. Many rules of ICAI are funny.
    Risha correctly suggested thinking of public at large . She suggested as she think what was her mistke.

  9. Dr Santosh Bharadia says:

    Good decisions by Court. ICAI working without thinking practical. Thinking itself the only Institute in world. Nobody can challenge them.
    Congratulations to petioner Risha Lodha. Full sympathy with her. She is brave and suggests valuable points with emotions but to the heartless Institute.

  10. John Sharma says:

    Absolutely killed it ! The court has quashed it on all the rightful grounds possible. The blatant misuse of powers by the “reputed institution with high standards” has been degraded with this incident and it’s resultant actions.
    My hope is that the officials of the institute bring some sense into their corrupt minds at least now after this wake-up judgement and stop acting like a Bully child whose father is a heavy powered person !

  11. Pathuri Pardhasaradhi says:

    Kudos to the judiciary of India!
    The institute feels it is supreme and above law.It expressly prohibits students from venting their views or grievances.And questioning their authority.Any such student will be black listed and barred from appearing subsequent exams. This act is to be amended.Instead of showing great responsibility that comes with great power-as Volitaire said,the institute often observed to have shown a carefully developed tyranny.Almost always.An undertrained or ill trained engineer or a doctor is a great threat to the safety of public.Ironically, an ill trained, less intelligent Chartered Accountant is harmless.One can imagine how the converse works out! Who are behind Mallyas and Neerav modi and all those corporate borrowers who swindled public moneys?

  12. Romil Rathod says:

    Just and fair decision taken by the court. It brings shame and disrespect to the entire community of CA when the top elected officials behave in such an irresponsible manner. I would like to see that the people who were involved in wrongful withholding of the result are removed from the position of power for abuse of their rights.

  13. Dharmik vadher says:

    Yes! I loved the decision taken by the court… ICAI is well known for nothing but making a profession overvalued than what it is actually… you know there are certain courses that are actually hard and then there is this whole INSITITUTE which for the namesake of its members or professionals MAKES THE COURSE HARD so that their value increases… the INSTITUTE is highly egoistic alongwith its members and for no reason they feel that they are at the top… there is a symbolic representation of false pride which they have associated with themselves in comparison to their work…

    1. SARVESH SHRIVASTAVA says:

      Who are you to say that “Institute is well known for nothing”.Come & quality all the levels at single attempt if you have guts.Any of the profession is valued on the basis of the knowledge a professional have,which CAs own.
      I think we must not make such comment on any body/person.

      1. vinod Choudhary says:

        hi sarvesh srivastava. Hope you doing good. Thank you for have high respect for CA profession and hoping for the same. I am not agree with your point that you put forward
        1.You are talking about guts giving all level in one attempt .that means those who are fail they are nothing??so i think being in profession you have to interrogate youself what have said “Being professional”
        2.I think any team wins when each player of the team irrespective of their background play for the team and not because he is superior in knowlege.So you have to think if you can next time when speak about knowledge ok”valuing profession inclusive many other element as you explicitly said only knowledge is consider for value”as you have gone through ethics
        Thankyou sarvesh!
        This judgement show clearly about the case what you are saying ok

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031