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2018 (10) TMI 407 - HC - Indian LawsClearance of Group1 and II final examination in November, 2017 - mailing of incorrect list to Aurangabad branch, but was not uploaded in any website - 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. However, 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. Held that:- 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 17th January, 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. We do not think any right accrues or any benefit can be extended to the appellants as an incorrect list was mailed to the Aurangabad branch. The list e-mailed to the Aurangabad branch was never uploaded on the website of the said branch nor communicated to the appellants or others officially. On learning about the lapse and error, immediate steps were taken and the correct list within a few hours was mailed to the Aurangabad branch at 09:57 p.m. on 17th January, 2018. Aurangabad branch had only thereafter uploaded the result at 12:05 a.m. on 18th January, 2018. The incorrect list mailed earlier to the Aurangabad branch was not uploaded on any official website. We would accept that the respondent- Institute should have been careful and exercised care and caution and do recognise the triumph and pain suffered by the appellants and others, albeit this cannot be a ground to allow the appeal. A mistake and error cannot confer a legal right. Appeal dismissed.
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