LAWS(MAD)-2012-4-80

V VENKATA SIVA KUMAR Vs. INSTITUTE OF CHARTERED ACCOUNTS OF INDIA REPRESENTED BY ITS SECRETARY PO BOX NO 7100 INDRAPRASATHA MARG NEW DELHI

Decided On April 27, 2012
V.VENKATA SIVA KUMAR Appellant
V/S
INSTITUTE OF CHARTERED ACCOUNTS OF INDIA, REPRESENTED BY ITS SECRETARY, PO BOX NO.7100, INDRAPRASATHA MARG, NEW DELHI Respondents

JUDGEMENT

(1.) Whether at the instance of the petitioner, a direction can be issued to the respondent Institute of Chartered Accountants of India (for short ICAI) for publishing the petitioners rejoinder sent via letter dated 16.03.2012 in their Students Monthly Journal known as the Chartered Accountants Student? is the question to be decided in this writ petition.

(2.) Heard the petitioner in person. It is brought to the notice by the Registry that the petitioner had already filed a writ petition in the form of a Public Interest Litigation in W.P.No.10763 of 2012. It was rejected by the first Bench on 23.04.2012. Immediately with the same set of allegations and by slightly changing the prayer in the writ petition, he had filed the present writ petition on 24.4.2012. The fact of the petitioner moving the first bench with a prayer that to constitute an independent experts committee to study the existing examination system for Chartered Accountants and consider the necessity and possibility of revamping the same in the interest of the students was not disclosed in this affidavit. This conduct of the petitioner is reprehensible. The writ petition is liable to be rejected shortly on this ground alone.

(3.) The petitioner claims to be a Chartered Accountant practicing Chartered Accountant and a member of the ICAI. He was also a Professor for costing, management accountancy and strategic financial management for students doing professional courses like CA, MBA, ICWA for the last 25 years. He also claims to have authored several books on Costing, Management Accountancy and strategic financial management. He had also written several articles in professional journals. At present, he is pursuing his LLB course.