LAWS(CAL)-2014-11-15

MALA MUKHERJEE Vs. UNION OF INDIA

Decided On November 10, 2014
MALA MUKHERJEE Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner enrolled herself with the Indian Institute of Architects (hereafter the "IIA"), the fifth respondent, as a student in 2004. She successfully passed the examination conducted by the IIA in the year 2011 securing 1st class.

(2.) Despite the test proposed to be conducted by the COA being under challenge at the petitioner's instance, I allowed the test to be conducted by an order dated 30.01.2014 in the interest of protecting the rights of those other members who were willing to take such test. I had noted in such order the broader issue arising for decision on the writ petition, that is, whether the COA can refuse to register the petitioner, member of the IIA, only on the ground that the COA's recommendation for withdrawal of such membership as an eligibility criterion for registration under the Act is pending before the Govt.

(3.) On exchange of affidavits between the petitioner and the contesting respondents, that is, the second to the fourth respondents, the writ petition was heard finally.