DIVVELA RAMAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Writ Petition challenges the refusal of Respondent No.2 [the Institute of Actuaries of India] to issue a Certificate of Practice ("CoP") to its Associate Members, and in this context, challenges the constitutional validity of Regulation 10 of The Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations 2017 ("the 2017 Regulations"). The Petition also challenges the constitutional validity of Sec. 12 of The Actuaries Act, 2006 ("the Act") which permits only Fellow Members of Respondent No.2, and not Associate Members, to be members of the Council of the Institute of Actuaries of India. However, during the course of arguments, the Petitioners have not pressed the challenge to the constitutional validity of Sec. 12 of the Act.

(2.) Petitioner No.1 is an Associate Member of the Institute of Actuaries of India, i.e. Respondent No.2, since 1998. Petitioner No.2 is an Associate of the Actuarial Society of India having qualified as such in 1991 and continues as an Associate Member of Respondent No.2 since its formation.

(3.) Petitioner No.1, vide his Application dated 1 st July 2021, applied to Respondent No.2 for grant of a CoP. On 2/7/2021, Petitioner No.1 received an email from one Mr. Yogesh Pandit, Compliance Officer of Respondent No.2, stating that the eligibility criteria for being entitled to issuance of a CoP is mentioned in Regulation 10 of the 2017 Regulations and that only Fellow Members were entitled to get a CoP. Petitioner No.1 was thus intimated that his Application could not be considered. The Application of Petitioner No.1 and the relevant email communication is annexed as Exhibit 'A' collectively to the Petition. Similarly, Petitioner No.2 also made an Application dtd. 13/7/2021 for issuance of a CoP and received a similar communication from the office of Respondent No.2 on 14 th July 2021. The Application of Petitioner No.2 and the relevant communications are annexed as Exhibit 'B' collectively to the Petition. Aggrieved by the same, the Petitioners have filed the present Petition.