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        Case ID :

        2018 (12) TMI 1084 - HC - GST

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        Court directs result declaration, renders petition moot after petitioner appears for exam, upholding justice. The Court disposed of the writ petition, directing the respondents to declare the petitioner's result and take consequential actions. An interim order ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                              Court directs result declaration, renders petition moot after petitioner appears for exam, upholding justice.

                              The Court disposed of the writ petition, directing the respondents to declare the petitioner's result and take consequential actions. An interim order allowed the petitioner to appear for the examination, which he did. Subsequently, another exam was conducted to accommodate late applicants, rendering the need for further adjudication moot. Given the actions taken to rectify the situation, granting the petitioner another chance to write the exam was deemed unnecessary. The Court's decision aimed to uphold the interest of justice and address the petitioner's concerns adequately.




                              Issues:
                              1. Challenge to condition in notification for GST Practitioner examination application approval date.

                              Analysis:
                              The petitioner sought permission to practice as a GST Practitioner under Rule 83 of the CGST Rules. The first respondent issued a notification (Ext.P2) for an examination on 31.10.2018, stipulating that only applications approved by 24.09.2018 were eligible. The petitioner objected to this condition, claiming to have submitted the application on 13.04.2018 but approval was granted on 25.09.2018, post the cut-off date. The petitioner argued that being unable to take the exam on 31.10.2018 would harm his career irreparably.

                              The Court, via an interim order on 9th October 2018, allowed the petitioner to appear for the examination, which he did, and his result was sealed. Subsequently, the first respondent decided to conduct another exam on 17th December 2018 to accommodate applicants who applied post the cut-off date. This decision rendered the need for adjudication on the merits of the writ petition moot. The petitioner's concern about missing the exam due to late application approval was addressed by the second opportunity provided by the respondent. Given that the petitioner had already taken the exam and his result was sealed, granting him another chance to write the exam served no purpose.

                              In light of these developments, the Court disposed of the writ petition, directing the respondents to declare the petitioner's result, along with all consequential actions stemming from it. This decision was made to uphold the interest of justice, considering the circumstances and the actions taken by the authorities to rectify the situation for all applicants.
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                              ActsIncome Tax
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