Karnataka High Court comes to rescue of CA to get membership at ICAI 

The court said it is rather surprising that the institute wants to stifle the career of a student, who has pursued multiple courses and gained such acumen to practice as a CA.
Karnataka High Court. (Photo | Express)
Karnataka High Court. (Photo | Express)

BENGALURU: The Karnataka High Court directed the Institute of Chartered Accountants of India (ICAI) to give membership to Nikkitha KJ, a 23-year-old practising Chartered Accountant (CA) from the city. 

The Institute declined membership to Nikkitha on the ground that she has done multiple courses while pursuing CA, though she did it with prior permission from the institute, by issuing communication on May 1, 2023.  Allowing her petition, Justice M Nagaprasanna said, “This court is dealing with the fervent cry of the student who sought to pursue multiple courses and she has completed all those courses with the permission.

A student will not know the implications of law but knows only to study and ponder over the study material. Hence I deem it appropriate to bend the arc of justice for a student and direct the institute to grant membership to her without brooking any further delay.”

The court said it is rather surprising that the institute wants to stifle the career of a student, who has pursued multiple courses and gained such acumen to practice as a CA. The student was diligent in securing permissions. The institute now wants to jeopardise her career on the score that it had not properly accorded permission or permission was not sought properly by her. Such acts are against a student, who has only studied that too after seeking permission, and would not behove the Institute to be a State under Article 12 of the Constitution, it added. 

On March 30, 2021, she sought permission to pursue the Company Secretary professional course by applying for Form No.112 and it was granted. On completing all the courses and articleship, she then filed an application seeking enrolment as a member of the institute to become a CA.

After seeking certain clarifications, the institute later informed her that she would not be permitted to enrol as a CA for two years and imposed Rs 10,000 saying she pursued multiple courses without its permission.

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