Public interest litigation

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Ashu (Querist)
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24 January 2015 Hello everyone, i have decided to file pil in supreme court against icai,as per regulation 39(4),i dont need to tell you about this,as you all know about this undue influence to students. if a student done good in exam and even he failed in exam.how student get right to education,even icai breaks the student strenght and many times student had commited sucide,if they dont sucide then they get depressed and student family may also collapsed and ths leads to dumping of their knowledge,practical in a dustbin.it is chain which is connected to development of india but icai standard..standard toh like puma,armani,hai kya icai??? many student secured ranks and got good job but latter on they kicked out from job as they are ratta baj. icai is focusing on number not on quality. secondly,if student demand for answersheet then it will come in 6 8 weeks and if any discrepancies find,then the same will not be revise by icai. third. the copy checker whether he posses a expertise in particular subject for checking a solution as there are many ways for solve question.as copy checker may stick to.model.answer only. whether icai taking test of copy checker to judge their expertise as it very much neglegent by giving copies blindly. it is the youth of india who is suffering from icai regulation.i dont say result increase karo,i would say jisne jitna kia usko utna do.. i need your suggestions,please do something for a nation

Ashu

Ashu (Querist)
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24 January 2015 Please give comments

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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10 August 2024 It’s clear you have strong concerns about the examination processes and regulations of the Institute of Chartered Accountants of India (ICAI) and their impact on students. Filing a Public Interest Litigation (PIL) is a serious step and requires careful consideration and planning. Here's a structured approach to address your concerns:

### Steps to File a PIL and Address Your Concerns

**1. **Understanding the Issues:**
- **Examination Process:** Your concerns include the examination process, evaluation standards, and the handling of student grievances.
- **Student Welfare:** You're also concerned about student mental health and the quality of education versus examination standards.

**2. **Gather Evidence and Data:**
- **Document Instances:** Collect specific instances where students have faced undue hardships due to examination processes.
- **Statistical Data:** If available, gather data on pass rates, mental health issues, and any other relevant statistics.
- **Testimonies:** Obtain testimonials from affected students, teachers, and educational experts.

**3. **Legal Research and Advice:**
- **Consult Legal Experts:** Before filing a PIL, consult with legal experts specializing in education law and public interest litigation.
- **Research Case Law:** Look into past PILs related to educational institutions and their outcomes to understand precedents and potential challenges.

**4. **Drafting the PIL:**
- **Legal Grounds:** Clearly outline the legal grounds for your PIL. This could include violations of fundamental rights, lack of transparency, and other issues.
- **Reliefs Sought:** Specify what changes or actions you are seeking from the court (e.g., reform in examination procedures, transparency in evaluation, mental health support for students).
- **Petition Drafting:** Draft the PIL petition, including facts, evidence, and legal arguments. This should be done with the assistance of a lawyer.

**5. **Filing the PIL:**
- **Supreme Court Rules:** Follow the Supreme Court’s rules and procedures for filing a PIL. This typically involves submitting the petition to the Supreme Court registry.
- **Legal Fees:** Be prepared for legal fees and other costs associated with the PIL.

**6. **Public Support and Awareness:**
- **Raise Awareness:** Inform and seek support from student bodies, educational institutions, and the general public.
- **Media Coverage:** Consider reaching out to media to highlight the issue and garner public support.

### Addressing Specific Issues:

**1. **Examination and Evaluation:**
- **Transparency:** Advocate for transparent examination and evaluation processes.
- **Grievance Redressal:** Suggest the establishment of an independent grievance redressal mechanism for students.

**2. **Mental Health Support:**
- **Counseling Services:** Propose the introduction of mental health counseling and support services for students.

**3. **Quality of Education:**
- **Curriculum and Training:** Recommend improvements in the curriculum and training of evaluators to ensure quality.

**4. **Regulatory Oversight:**
- **Periodic Review:** Call for periodic reviews of examination and evaluation standards by an independent body.

### Alternatives to PIL:

- **Engage with ICAI:** Directly engage with ICAI to discuss your concerns and seek reforms.
- **Student Associations:** Collaborate with student associations and organizations to amplify your voice and bring about change.
- **Educational Reforms:** Work with policymakers to address broader issues in educational reforms.

### Conclusion:

Filing a PIL is a significant and complex undertaking. It’s essential to have a well-documented case and professional legal advice. Ensure that your approach is constructive and focused on achieving positive change for students.

For specific legal advice and to proceed with filing a PIL, consult with a qualified legal expert or firm specializing in public interest and education law. They can provide tailored guidance and help you navigate the process effectively.

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