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2018 (2) TMI 947 - HC - Indian LawsAppeal against Chartered Accountants Final Examination result - petitioners are aggrieved by the result declared and published on its website by the respondent-institute wherein all of them have failed in their respective Groups - credence given to the alleged notification being circulated on the whatsapp/facebook declreing the petitioners as passed - Held that:- The foremost fact which emerges from the record is that there is no denial by any of the parties that the result declared on the websites of the respondent-institute has never been altered, which is not even the case of the petitioners. Thus, the only case set up by the petitioners is that a notification was purportedly issued by the institute and sent to all its councils, centres, members/office bearers as per which the petitioners had allegedly passed. It is however, interesting to note that even though the entire case of the petitioners is based on the said alleged notification, in which they claimed to have passed, the petitioners have very conveniently and for obvious reasons stated in the petition itself that they were not sure about the authenticity and correctness of the e-mails or of the messages being circulated on the whatsapp and facebook. Merely because the alleged notification contains the term "published for general information" cannot lead to the conclusion that the said notification was actually published especially in view of the categoric statement by the respondent-institute that the said alleged notification was never published in any manner. - find merit in the submission of Mr.Chandhiok senior counsel for the respondent that once it is the own case of the petitioners that the said alleged notification was sent only to their branches, centres and members, it is evident that the same was merely an internal communication in which subsequently certain mismatches were noticed and, therefore, when the final result was declared. The mismatches, if any, were rectified and only the correct result was published on the websites of the Respondent-Institute at 5.37 pm. on 17.01.2018 i.e. much before the circulation of the whatsapp messages containing the alleged notification. The Respondent-Institute had only published the correct result and, therefore, no reliance can be placed on the alleged notification dated 17.01.2018 in which the petitioners claim to have been declared as successful. No ground to interfere with the final results published by the respondent on its websites.
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