Letter to ICAI

Dear All,

I do not know whether ICAI is proud of itself on releasing a meagre 3 plus percentage result in the Final exam but in my opinion, it should be ashamed of itself.

The institute knows pretty well that this country which has a billion plus people has hardly 1.5 lakh CAs out of which 20% are abroad, 40% are employed and about 10% are old & retired with just 30% or so in 'practice'. And India being in the trajectory of economic growth is in need of more accountants and attesters of financials. Yet it decidedly making the output of CAs as very very low consciously enlarging the scope of other professionals like ICWAs and MBAs to enter in to the terrain. Having the exam standards unneccessarily tough, keeping the valuation procedures conveniently opaque and ensuring only a token output exams after exams, whose cause are they serving? Perhaps they want to keep enriching the private coaching academies who charge exorbitant fees. Or perhaps they want to only ensure the Multinational Accounting Firms are in the professional arena after about a decade, within which time all the present practising professionals would have faded away (and with hardly any new CAs coming for practice).

The usual argument I get to hear from some people who always rever the ICAI, is that the quality of the examinees is so poor that the institute is unable to make them successful. I really don't understand this concept of quality and am rather even amused by it. In a country which does produce doctors and engineers by lakhs in private institutions owned by politicians and "education business tycoons", with absolutely no care or concern about their quality - in professions such as helathcare and infrastructure building - we are so 'concerned' about the 'quality' of this 'journal entry' profession! Such doctors and engineers who would have secured their seats paying lakhs of capitation fees would naturally be seeking to get due returns on their 'investments' and would most probably seek to indulge in all kinds of deeds in their profession. Thus, we can produce doctors with dubious competency levels and wealth-accumulating motives playing with lives of people and engineers with little or no concern for the quality in their work, building bridges and airports where all of us move about daily. Their actions are irreversible and can cause incalculable damage. But, we must produce only impeccable quality of accountants! Accountants who can only simply reverse their actions by simple journal entries with no consequence whatsoever! What a wry comedy!

And what about the pattern of exams and valuation parameters? Who are setting papers and valuing answer sheets? Again CAs of yester years who invariably cut copy paste from earlier question papers or from text books available in the market which themselves are shoddy copies of established writers. These people cannot sit and write answers to the question papers they themselves sit and if valuing their own papers with their usual devilish mindset cannot put more than 50% of the minimum prescribed for a pass. If the ICAI is serious in setting quality parameters which should be uniform across the board, the question papers will have to be only on Objective basis and papers corrected only by computers, without any possibility of human bias. It is not enough to keep bragging that we have the best examination standards and procedures. If such procedures play with thousands of students' careers, it will be graceful to make the procedures better, transparent and hassle-free.

I would also urge that the ICAI takes the nonsensical 'aggregate' pattern out of the system and also to conduct viva-voce kind of oral interviews for students failing by margins less than 10 marks in a group and / or 5 marks in a subject for a second review.

ICAI is already almost divested of its standard setting function (having mortgaged itself to IASB/IFRS as also having been made subservient to NACAS) and is also the Disciplinary function to a substantial extent. It is becoming only an examination conducting body. That at least it should do properly.

The whole course of CA has to be changed to suit the present educational systems and to compete with the B School professional. ICAI does not nurture any professional attributes to be a professional in this world. It just makes the person a book worm. One will feel that they are writing a 10Th or 12th exam by mugging up the sections.

We also need to know how the papers are being evaluated. This is a long pending issue with the institute. None of the president seems to be bothered about the student’s life. There should not be any moderation to be made to suite the desired pass percentage. Every student should get to see his/her paper to see where they went wrong. The revaluation is just an eye wash. ICAI knows how to make money for them and those related to them.

ICAI can incorporate the points systems in exams like those done in IIT, IIM and even Anna university has this system. None of the IIT and IIM seems to have any thing called pre fixed pass percentage to meet the market demand and supply. Still all of its students get good jobs and respect in the society. I really don’t know where and how to put forth all these things. There should be some forum where these things are taken up and right actions are taken so that in future the students are not accented. ICAI fail to think that it’s ruining some of the student’s life.

It is proved that ICAI manipulates marks & result by inserting regulation 39(2) in Chartered Accountants Regulations, 1988 which says " The Council may, in its discretion, revise the marks

obtained by all candidates or a section of candidates in any

particular paper or papers or in the aggregate in such manner as

may be considered necessary, for maintaining the standards of

pass percentage provided in these Regulations.

Explanation — The term “section” used in this subregulation

refers to the category of the candidates whose answer

papers are valued by an examiner and such other category of

candidates as may be specified by the Council. "

This is the reason why they are not ready to show answer papers to students. They must have done "standard deduction" in any of the paper to control the results.

Lets get united against this and create a revolution....... Join the Cause

The real story behind the Tharoor-Modi spat

Sharad Pawar will assume charge as International Cricket Council's president in June. As head of the international body that runs cricket, he cannot afford any allegations against him in the media or by Indian investigating agencies. To contain any such campaign he will have to work with the government to clean up the Indian Premier League and Board of Control for Cricket in India.

This is one of the crucial factors that weakens the case of Indian Premier League commissioner Lalit Modi, who needs Pawar's support desperately at a time when his opponents in the Board of Control for Cricket in India and Indian investigation agencies are hounding him.

Tuesday's meeting between Union Finance Minister Pranab Mukherjee and Union Home Minister P Chidambaram with Pawar, who is also in the Union Cabinet since he is agriculture minister, is significant.

Pawar, who was BCCI chief for three years, will not like government departments to hound the cricket board. He is also facing huge political pressure because of reports that he backed Videocon's bid for the Pune team. The reports alleged that his daughter Supriya Sule's husband Sadanad Sule might have got sweat equity or some kind of free equity if Videocon won. The charge has been strongly denied by both Supriya and Pawar.

Reliable sources in the government told rediff.com that there are series of SMS' with investigation agencies regarding the aborted and successful IPL bids for the two new teams in the IPL.

They have given vital information about what transpired between Shashi Tharoor, Lalit Modi, some leaders of the cricket world and Gujarati investors after the IPL Kochi bid was won by Rendezvous Sports World. The investigators reportedly have details about how Modi tried to sabotage the process.

Modi is being targeted by a section of the BCCI because of fear of the proof that government's agencies may have. Income tax department sleuths had Monday said that the original bids by Videocon for Pune and Adani group for Ahmedabad are missing. The IPL has not yet commented on it.

The assessment within the Congress and the government is that Modi conspired to make sure that the Adani group, Gujarat-based industrial house of Gautam Adani, and Venugopal Dhoot of Videocon could win their bids. Adani's bid was even backed by Gujarat Chief Minister Narendra Modi, who is desperate to connect with the younger generation to counter the Rahul Gandhi effect.

Civil Aviation Minister Praful Patel and Pawar's close aide is also is under pressure because his daughter is employed by the IPL. However, these are just 'findings' and not evidence.

Praful Patel told rediff.com, "Neither me or Pawar have any financial interest in the IPL. Why should we go for free equity or any other freebies? I am a businessman and the richest cabinet minister. I have not hidden my assets. If I want I will invest openly and in a legal way."

He also said he is ready for any inquiry, "Nothing would implicate us. We have no interest in the IPL," he said.

But it's an open secret that Lalit Modi had an interest in ensuring that Adani and Dhoot won the bid. To ensure that, the IPL ruled that in the first round of bidding the participating business houses must give a bank guarantee of $100 million (about Rs 450 crore) and have a net worth of $1 billion (about Rs 4,500 crore). Adani is worth more that $5 billion, and Dhoot more than $4 billion. But BCCI president Shashank Manohar objected to it and asked for a fresh round of bidding.

The second round of IPL bidding on March 21 did not have these two strict regulations and marred Dhoot's and Adani's chances. Rendezvous Sports World organised finances from Gujarati investors and played a masterstroke by bidding nearly $330 million. The Sahara Adventure Sports got the ownership of the Pune team by bidding a huge amount of $370 million. Nobody expected Adani and Dhoot, both backed by the all-powerful Modi, to lose. IPL-Kochi had pulled a rabbit out of the hat.

So, the moment Kochi won the bid, all its investors came under pressure. The day after winning the bid for Kerala, there was a realisation amongst the equity holders that they will not be able to earn fast bucks from Kerala.

"Harshad Mehta of Rosyblue and Mehul Shah of Anchor Earths felt that it will take five to six years to build a modern cricket stadium in Kochi (though it is an international cricket venue). The availability of land in Kochi was also an issue. So they started looking at other options and that's how tussle started between Tharoor and Lalit Modi," said one of the mediators between Modi and Tharoor.

Giving credit to Tharoor, he said, "Tharoor was interested in having a cricket team for Kerala and he got in touch with people who were interested in investing in it. Till the issue was settled he fought to see that Kerala got an IPL team."

He says, "If Sunanda Pushkar (a close friend of Tharoor) had not got sweat equity then Tharoor was surely the hero of IPL Kochi."

The details that have emerged about IPL Kochi could not be verified because Harshad Mehta refused to take calls or answer emails from rediff.com. His office in Mumbai said he is in Dubai and he received our e-mail.

Why and how the Gujarati investors gave huge chunk of 25 percent equity for free to Rendezvous Sports World Limited is not yet known, because none of them have spoken yet.

Harshad Mehta has 12 percent stake, Atul Shah of Anchor Earth has the highest, at 27 percent, Vipul Shah of Parinee developers has 26 percent in IPL Kochi. RSW had given 5 percent sweat equity to Pushkar, a consultant in Dubai, due to which Tharoor had to resign as minister of state for external affairs. There are other eight sweat equity holders too, but since they are not linked to any high-profile minister or such entity they have largely remained off the radar of public scrutiny.

Tharoor, an MP from Thiruvananthapuram, was very keen to have a team for Kerala to hook young voters. Last year, he and Shailendra Gaikwad tried hard to work out the details. Gaikwad is best-known in cricket circles as a friend of cricketers Sachin Tendulkar and Sunil Gavaskar.

Gavaskar introduced Harshad Mehta to Gaikwad, says an NCP leader. Shailendra's distant cousin Satyajit Gaikwad, who became a spokesman of RWS, is a failed politician who lost heavily against BJP's Balkrishna Shukla in Baroda. During the general election, Jyotiraditya Scindia, now a Union minister of state for commerce, had campaigned for Satyajit and pleaded with Congressmen and the media to support him. In Baroda, Satyajit is known for his close relations with Scindia, whose family has big influence in the Madhya Pradesh Cricket Association.

The confusion about IPL Kochi's profitability led Harshad Mehta and other financers to Pawar and Narendra Modi. Pawar has gone on record to say that in his meeting with Harshad Mehta and other partners he said, "If you want my advice you should stay in Kochi."

IPL's rules are such that they will have to stick with Kochi.

The Gujarati investors had promised to put on the table Rs 1,530 crore in the coming years, and so it's believable when Pawar says that they came to him to discuss if the Kochi team can be taken to a bigger and richer state like Gujarat.

One is not sure if they did so under some other pressure or not. There was no political issue in these negotiations. It was all business that was under scrutiny of profit-seeking eyes. Bangalore, Chennai or Mumbai stadiums were not available since they have their own teams. Tharoor was adamant that IPL Kochi should not go to other places. Indore and Ahmedabad were next best options considered.

When this tussle was on Praful Patel organised a meeting between Tharoor and Pawar on April 8, which helped Tharoor to sort out his problems with Lalit Modi regarding the IPL Kochi bid. Tharoor was upset that Sahara, which won the Pune bid, was issued a letter from Modi's office to start business but not IPL Kochi. On the same day, Tharoor had sent an sms profusely thanking 'gentleman' Patel.

On April 9, Modi gave them the registration letter so that IPL Kochi could go ahead and start formation of the team. The issue of IPL Kochi was settled, so it's a big surprise that Modi again opened a front against Tharoor on April 11 by naming the share-holders of IPL-Kochi including Pushkar.

Congress sources believe that it must have to do with some personal ego clash over non-cricket matters. Tharoor and Modi were friends and seen together, but the nature of friendship changed after IPL Kochi won the bid.

Another question is why did the Congress act so swiftly to show Tharoor the door?

There is no evidence of exchange of money to implicate Tharoor. But, according to Congress sources, three things went against him.

There are many SMS' (not yet out) exchanged with Lalit Modi and many others that can create the 'perception' that Tharoor's interest was deeper than he claims. There was also the worry that if Tharoor is not asked to resign, the issue will dominate proceedings in Parliament. The fact that Parliament was in session created pressure. The dossier prepared by sleuths of the Research and Analysis Wing and the Intelligence Bureau on Sunanda and others was also an influencing factor. The liberal terms offered by RSW to Pushkar proved to be a political embarrassment. Some Congressman believe that if Tharoor had not identified at all with IPL-Kochi he would have still been a minister.

After IPL Kochi won the bid, Tharoor told the media repeatedly that, "On the question of my interests in the franchise, I am proud to have helped the consortium come to Kerala. I have neither invested nor received a rupee for my mentorship of the team. Whatever my personal relationships with any of the consortium members, I do not intend to benefit in any way financially from my association with the team now or at a later stage."

Tharoor identified himself so well with the team that in a crisis he or the party could not disassociate from it. Also, his statement was tricky, because if read with real life context, if and when he marries Sunanda, he will also profit from her RWS equity.

On April 12, The Times of India reported that Tharoor is set to marry Sunanda, a Kashmiri. Taken with Modi's tweet on April 11 about Pushkar's sweat equity, Tharoor became an unwanted man. There were also detractors among many old Congressmen of Kerala who worked against him.

The powerful mediator, who helped Tharoor, toldrediff.com, "Much before the bidding we knew that Tharoor, Gavaskar and Shailendra Gaikwad are interested in bidding for an IPL team."

It was Tharoor's attempt to brand himself with IPL-Kochi that was disastrous.

A beautiful lady with a mysterious past, a handsome minister with a tremendous future, their proposed marriage, her sweat equity 'undilutable in perpetuity' -- all these made such a splash that the Congress party termed him a liability.

Importantly, the Congress culture is such that you need friends or lobbyists to plead your case before the party high command. Tharoor seemed to have none and everyone knows that the party does not protect its own in crisis unless they belong to the Gandhi family.

The Congress culture believes in ruthless surgical operation in such cases. Congressmen, if found guilty in public perception, stand no chance. Former external affairs minister Natwar Singh was more powerful and much well-connected than Tharoor is in New Delhi. If he was dumped in no time then Tharoor stood no chance, obviously.

It seems that he has been asked to lie low and concentrate on Kerala. Eventually, Tharoor will bounce back, because all these investigations and talks of cleaning the IPL sleaze will not bring any desired results. Things will be back to normal after tax authorities slip into their usual bureaucracy. Till that happens cricket's muck will dominate the headlines.

Five health benefits of flirting

Flirting with someone can be a powerful tool to help you feel good, and generate positive energy. As long as you leave the flirting outside the door, you and your partner can reap the extended benefits of all that positive energy generated, in the bedroom. Apparently, flirting has taken on a life of its own and is associated with a bunch of great health benefits, one of which is adding the much needed zing to your sex life!

Builds confidence and self-esteem
If you've been in a relationship long enough, it may happen that the fizz goes off on the passion front. The relaxed contentment of an old relationship may not be doing anything for your self-esteem. A little harmless flirting can help you feel attractive again and confident about yourself. The only thing to keep in mind is setting boundaries. Make sure you and your partner are clear about what's okay when it comes to flirting. One simple rule of thumb: don't say or do anything you wouldn't do in the presence of your partner.

Flirting is known to build up positive energy, and so long as you use that energy to build your marriage or relationship, you can go right ahead and flirt.

In fact, flirt with your partner too while you're at it. It will help you remember the time to when you were strangers and just getting to know one another. That can be highly stimulating!

According to Sue Ostler, author of the bookRelationships That Rock!, flirting can make you feel good and help reduce stress levels.

In fact, researchers at the University of Washington have concluded that flirting at the workplace helps workers remain happy amidst all the stress, and increases office camaraderie

When you flirt with a stranger and then come home to your spouse, you start to appreciate what you have a little more.

After all, you don't have to go through the entire process that comes after flirting again. And in the words of Gettysburg College Professor of Philosophy Steve Gimbel, "Flirting is to romance what sparring is to boxing."

So, for the single people out there, flirting can help you find the partner of your dreams, which can lead to happiness. And guess what started this chain of events? Flirting!

People who have been in a relationship for long can start to take each other for granted. Moreover, you might start taking yourself for granted too.

Flirting can provide the spark needed to motivate you to lose some weight, to join a new hobby class, or to change jobs. After all, when you feel good, you start to appreciate yourself a little more!

In a healthy relationship, flirting can only bring the couple closer to one another. Flirt, but within limits.

And those of you seeking to start a new relationship, flirting can be the first step to your courtship process. Just remember to enjoy yourself and the positive energy that comes with flirting.

Heart disease is getting younger

The night of November 25, 2006 is one that 39-year-old Vivek Kadam will not forget easily. It was 4 am when this sales professional from Mumbai woke up with severe pain in the back, which extended to his shoulders and hands. This was followed by a burning sensation in the stomach, vomiting and the need to evacuate his bowels. Recognising the symptoms he had seen in his father earlier, he realised he needed to get to a doctor, fast.

The problem was that Kadam was new to Mumbai and had no idea about hospitals in the area. In desperation he drove down to a chemist shop some distance away, only to find the shutter down. Luckily for him, his wife called up their son's paediatrician and got the reference of a nearby nursing home, to which he then rushed. A cardiologist was called in and he confirmed that Kadam had suffered a massive heart attack. Doctors at Mumbai's Asian Heart Institute -- where he was subsequently admitted -- gave him a 10 percent chance of survival. But extensive treatment, which included an angioplasty, helped him survive his ordeal.

Kadam was 36 at the time he suffered a heart attack.

Dropping ages

He is not alone. Balchandra Nambiar, employed in a media firm, was diagnosed with heart disease at 35. Finance professional Ashok Mathur initially ignored his chest pain due to acidity. When it continued, he went to a specialist who told him he had suffered a mild heart attack. He was 34 then. Increasingly, it seems, heart disease is targeting more and more young people.

Dr Aashish Contractor, head of preventive cardiology and rehabilitation at the Asian Heart Institute confirms, "There is a marked increase in the incidence of heart disease among younger people. Indians especially are known to get heart disease almost a decade earlier than others."

In fact, the Medwin Heart Foundation based in Hyderabad estimates that almost 50 percent of heart attacks in Indians occur before the age of 50, and 25 percent, before the age of 40.

Changing lifestyles

What could be behind the decreasing age for heart disease?

Dr Contractor explains, "The fact is, we are today leading less active lives. Also, we tend to eat food that is oily and increasingly, more refined and processed. These lifestyle habits lead to obesity and other complications, and trigger the risk of heart disease."

Smoking is an important accepted risk factor. "Many with heart disease, especially among the younger age group, tend to be smokers," points out Dr Contractor. Rising stress levels today are also responsible, he says, though exactly to what extent would be difficult to measure or quantify.

A profile of most young sufferers provides evidence of one or more of these factors at play. Businessman Sunil Fadia, who suffered a heart attack at 41, had a weakness for cheese, chocolates, sweets and dry fruit. His eating patterns were rather erratic and as a result, he kept putting on weight.

Suresh Shinde, who suffered a heart attack at 38, works as a computer operator. "I used to remain desk bound for eight hours every day and got no exercise. Lunch timings were not fixed and I often made do with an oily snack from the canteen, which I gulped down while working," he says.

Nambiar too attributes his condition to the job stress he was coping with. "I am into space selling for the print media. It is a high pressure job that involves hectic hours on the move and continuing pressure to achieve targets and so, there is a lot of stress," he explains.

Genetic predisposition

Another reason for the early onset of heart disease in Indians could lie in their genes. A recent study in the journal Nature Genetics reported how a genetic mutation responsible for heart disease, occurring in one percent of the global population, is, in fact, found in 4 percent of Indians. "Indians are known to have a genetic predisposition towards heart disease," Dr Contractor agrees.

Kadam was a vegetarian who never smoked and only occasionally drank at parties, though he did lead a rather sedentary life. Mathur smoked and drank only occasionally, but otherwise maintained healthy habits, including starting his day with a round of surya namaskar or sun prostrations. In both these cases, the typical risk factors associated with heart disease were absent. However, both had a family history of heart disease and their doctors put this down as the reason for being affected.

Road to recovery

Timely medical attention helped these young men fight their odds to survive. What is in store for them now? Dr Contractor says, "With treatment, most people who have survived heart attacks recover and go on to lead normal lives. However they need to be consistent with their medication and take life-long care as regards a proper diet and exercise."

Following angioplasty at the Asian Heart Institute, Kadam joined the hospital's cardiac rehab programme. Slowly his health improved as his Ef (ejection fraction that indicates heart health) went up from a mere 15 to 35 percent (above 55 percent is normal). "The rehab programme really helped me to regain my self confidence and ability to function," he says. Today, although busy with work again, he finds the time to make it to the rehab programme thrice a week, and plans to start walking on other days.

Fadia recovered after a coronary artery bypass graft, and works to maintain his weight. He has six, regular small meals a day, has cut down on milk, sugar and salt, and given up chocolates, sweets and cheese. He too attends the cardiac rehab programme thrice a week, and walks or jogs on other days. Perfectly fit now, he enjoyed participating in the Dream Run at the 2010 Mumbai Marathon.

Nambiar also watches his diet carefully; earlier he did not think twice before ordering a vada pav whenever he felt like it, but now he eats home cooked food and happily digs into a good helping of salads every day. Every morning he practices yoga following what he was taught at the IPC Heart Care Centre in Mumbai where he was treated. At work, he sets realistic targets for himself and has started delegating tasks.

Based on the diagnosis following his attack, Mathur was advised against angioplasty. Instead, non-surgical procedures such as external enhanced counter pulsation (EECP) and arterial clearing therapy (ACT) that he underwent at the IPC Heart Care Centre helped him return to normal. Today he does yoga regularly, watches his diet carefully and has given up smoking completely. Like him, Shinde too has started taking a regular morning walk. He has completely cut down on oily food and has his meals on time.

Heart disease remains a real threat, but prevention is always better than cure. Dr Contractor says, "The best advice against getting heart disease is to eat right, exercise and manage stress wisely. You must also regularly screen your blood pressure, blood sugar and cholesterol levels, especially if you are at higher risk because of smoking, obesity or a family history of the disease."

Simple tips when you consider that it is your heart that is at stake.

Big Question of Transparency- Disclosure of Answer Sheets

The passage of the Right to Information Act in 2005 promised to usher in the age of transparency in India. The new Act was expected to remove the veil of secrecy shrouding public offices. Such was the hope in any case. What has actually been achieved so far points to a different story altogether. The situation is especially bleak when it comes to the disclosure of answer-sheets by public services recruitment commissions, education councils and universities.

The universities and other agencies, who conduct examinations, oppose the move to disclose answer sheets on the ground that the entire examination system will collapse. They tried to find out ways and means in different provisions under Right to Information Act and even beyond to keep answer sheets outside the purview of the Act. On one occasion, one of India’s most prestigious universities, Delhi University, in reply to an application under Right to Information Act seeking copies of the answer sheets of an applicant, informed him that the answer sheets could not be disclosed as the same was exempted from disclosure under section 8(1) (a). Under this provision any information, which may affect the sovereignty, integrity, and security of India cannot be disclosed. It is still a mystery as to how the disclosure of the answer sheets to the applicant can affect the sovereignty and integrity of the country. How an innocuous answer sheet can cause security threat to the country is something the University did not care to explain.

The Information Commissions all across the country have also not been adopting a consistent and uniform approach on the issue of disclosing answer sheets under the Right to Information Act. Central Information Commission has adopted an approach that answer sheets of school examinations and some competitive examinations can be disclosed, but the answer sheets of university and board examinations can not be disclosed as it would result in rendering the system unworkable. This approach of the Central Information Commission was taken as a defence in a case in Calcutta High Court, when Pritam Rooj, an applicant sought copies of his answer sheets from Calcutta University.

The judgment in Pritam Rooj versus Calcutta University (AIR 2008 CAL 118) is a landmark judgment in this regard as it has rejected the contention of the university that the disclosure of the answer sheet will render the system unworkable and ordered the university to disclose the answer sheet to the applicant. The Court also rejected the approach of the Central Information Commission which allowed to disclose of the answer sheets of certain examination, but disallowed to disclose answer sheets of other examinations.

There are two important aspects on which the High Court has passed its judgment. First and foremost is the issue of disclosure of one’s own answer sheets to an applicant, and another, which is equally important, the duty of the Public Information Officer to give a reply in accordance to the Right to Information Act and to provide details of the Appellate Authority in its reply. Pritam Rooj, who was a very meritorious student, obtained only 28 marks in paper V of his final year examination of B. A. (Mathematics) Honours. As a result, he could not get admission in some higher education course. Aggrieved and not satisfied with the result, he filed an application under the Right to Information Act seeking inspection of the answer sheet and obtaining its copy. In its reply, the Public Information Officer informed him that the university “has decided not to allow inspection of the answer sheets”. In his reply, the detail of the Appellate Authority was also not provided. Pritam Rooj, instead of filing appeal/ complaint under the Right to Information Act, directly approached the High Court and filed a writ.

During the hearing of the writ petition of Pritam Rooj at Calcutta High Court, Calcutta University contended that as Pritam did not exhaust the remedy of appeal/ complaint under Right to Information Act, his writ petition is immature and cannot be entertained by the Court. The basic argument behind this was that the writ petition in any High Court cannot be filed, if there is any alternative remedy available to the applicant. Calcutta high Court held that under section 7 (8) of Right to Information Act, while rejecting the application of the applicant, Public Information Officer should communicate to the person making the request, the reasons for such rejection; the period within which an appeal against such rejection may be preferred; and, the particulars of the appellate authority. The reply of the Public Information Officer of the Calcutta University lacked on all these three counts. The communication from Public Information Officer only informed the applicant that the “it has been decided” that inspection of the answer sheets will not be allowed. In this way, the Public Information Officer has merely, communicated the decision of the university. Public Information Officer has not made any decision on disclosure or non- disclosure of the answer sheet. He also did not inform the particulars of the Appellate Authority and the period in which the appeal can be preferred by him. Court, therefore, held that the alternative remedy that would otherwise have been available to the petitioner herein is, in the present case, an illusory right. In not furnishing the particulars of the appellate authority, the Public Information Officer has acted in derogation of the command of Section 7 (8) (iii). It is not as if in every case that there is a fixed appellate forum that a person aggrieved by the manner of disposal of his request may otherwise be aware of. Section 19(1) of the said Act provides that an appeal will lie to such officer who is senior in rank in the public authority to the Public Information Officer who disposed of the request. The appellate authority would vary with each public authority and it is for such purpose that Section 7 (8) (iii) has been engrafted and assumes more significance than being a routine matter where there is a general appellate forum to receive appeals from all disposals of requests.

Furthermore the expression in the reply of the Public Information Officer, "it has been decided" betrays a general acceptance by the public authority (here, the University) of the principle that answer sheets do not fall within the definition of “information” for any request to obtain them being entertained from an examinee. Court also observed that in light of the decision of the Central Information Commission, that disallows the disclosure of answer sheets, usual process of appeal and complaint under Right to Information Act, would be an exercise in futility. Even if the decision of the Central Information Commission is not binding on the state Information Commission, the decision of the Central Information Commission can be seen to be of such persuasive value that would render the right of appeal and complaint, meaningless.

Thus, the Court allowed the appeal even without Pritam Rooj exhausting the appeal and complaint remedy available to him under Right to Information Act.

On the issue of the disclosure of the answer sheets, Calcutta University argued that the applicant is not required to know anything about the answer sheet, once he submitted it after the examination, except the marks obtained to him and in some exceptional cases, the break-up of the marks in the paper. Disclosing the answer sheet would open a floodgate of requests and lead to an unworkable situation and an undesirable lack of finality and timeliness upon the possible protests for half marks being missed out here and there. Further, the disclosure of the answer sheets, the university contended, would expose its examiners who the University ought to protect. The last substantial ground urged by the University is one under Section 8 (1) (b) of the Right to Information Act which provides that there shall be no obligation to furnish any information which has been expressly forbidden to be published by any Court of law or tribunal or the disclosure of which may constitute contempt of Court. The University argued that in the many pronouncements of the Supreme Court, there are observations that answer sheets should ordinarily not be made available to examinees and observations to the effect that examinees cannot be associated with the process of evaluation of their answer sheets.

Calcutta High Court rejected all these arguments. On the issue of floodgate of the requests, the Court observed that this argument appears to be an argument of desperation. While comparing with the right of judicial review available to all, the Court observed that only because there is a possibility of floodgate litigation, a valuable right of a citizen cannot be permitted to be taken away. This Court is bound to determine the respective rights of the parties. The Court, therefore, found no force in this argument of the University.

On the issue of applicability of section 8 (1) (b) of the Right to Information act, the Court observed that the disclosure of answer sheets was not considered, by Supreme Court, in the light of the Right to Information Act, which is the subject-matter of the present proceedings, even if it is accepted that the Right to Information Act only elucidates on the right originally guaranteed by the Constitution. Right to Information act, as a matter of fact, guarantees and enlarges the basic and fundamental right as guaranteed under the Constitution of India, and its primary purpose is to encourage transparency and curb corruption. Further, subject to the legislation being within the bounds of constitutional propriety, the legislature may bring an enactment to undo a view expressed by Court, for notwithstanding the contemporary fading demarcations of the functions of the several organs of State, the Court may have to yield to the legislature in the business of law-making as it is the vocation of the one and the subject of scrutiny and application of the other, the Court observed.

On the issue of protecting the examiners, the Court observed that as much as an examining body may owe an obligation to its set of examiners, it owes a greater fiduciary duty to its examinees. The examinees are at the heart of a system. The examining body and the examiners are there to cater the examinees. Striking a comparison the court observed that if it is the right of a voter, for the little man to have the curriculum vitae of the candidates who seek his insignificant vote; the right of the examinee is no less to seek inspection of his answer sheet.

Court also negated the contention of the Central Information Commission that disclosure of answer sheets would render the entire system unworkable. The Court observed that by this contention, the Commission has discovered an exemption not expressly provided for in the Right to Information Act to deny information despite accepting that the words used in the said Act could not be read to be a bar to the right asserted thereunder. Court observed that the disclosure of answer sheets and for that matter, any information, cannot be denied if the disclosure is exempted under section 8 of the Right to Information Act. As a rule, the Court further observed that the information has to be supplied unless it is exempted. If the information is refused, the reason for refusal has to be found in Section 8 and nowhere else.

Pointing out the benefit of disclosing answer sheets to the examinees, Calcutta high Court also observed that a look at his [examinees] evaluated answer script can serve the wonderful purpose of pointing out his mistakes − whether or not the evaluated paper marks such mistakes − clarifying his doubts and helping him to know once and for all, what he wrote and what he did not. Disclosure of answer sheets would help him in improving his quality of answers in future and make the examination system more beneficial to the examinees. An examinee, who has written hurried answers and solved problems under examination conditions sometimes several months before he gets the mark sheet, does not really "know" his answers. His memory of what he wrote will also not be complete or accurate. He may not even have a clear recollection of what he has recorded in his answers. Alternatively, he may feel that he has written something that he actually has not. His silly mistakes, graphical or grammatical errors and oversights may not be obvious to him. With the disclosure of answer sheets to him, it would be a great help for the examinee to point out his errors and omissions that he can improve upon, while appearing in future exams. Thus, by assessing the achievement of the student through examination and then disclosing the answer sheets to him would help him in understanding the areas where he need to improve to excel in his endeavours and foster meaningful proliferation of knowledge.

Further, the court also interpreted the disclosure of answer sheet as a constitutional right of the examinee. In the words of the court “If inspection of answer scripts is denied to the examinee, the spirit of the Constitutional right to expression and information may be lost. The knowledge-builder's -the University's bid to perpetuate the draconian, elitist, one-sided right to know and judge and rule without being open to question or accountable to the examinee cannot be encouraged. For a system to foster meaningful proliferation of knowledge, it must itself be crystal clear to its core.”

In final words of the Court, “Whether it is on the anvil of the legal holy trinity of justice, equity and good conscience, or on the test of openness and transparency being inherent in human rights, or by the myriad tools of construction, or even by the Wednesbury yardstick of reasonableness, the State Public Information Officer's rejection of the writ petitioner's request to obtain his answer script cannot be sustained. The University will proceed to immediately offer inspection of the paper that the petitioner seeks.”

Mail sent by Narayan Murthy to all Infosys staff:

It's half past 8 in the office but the lights are still on...
PCs still running, coffee machines still buzzing...
And who's at work? Most of them ??? Take a closer look...

All or most specimens are ??
Something male species of the human race....

Look closer... again all or most of them are bachelors...

And why are they sitting late? Working hard? No way!!!
Any guesses???
Let's ask one of them...
Here's what he says... 'What's there 2 do after going home...Here we get to surf, AC, phone, food, coffee that is why I am working late...Importantly no bossssssss!!!!!!!!!!!'

This is the scene in most research centers and software companies and other off-shore offices.

Bachelors 'Time-passing' during late hours in the office just bcoz they say they've nothing else to do...
Now what r the consequences....

'Working' (for the record only) late hours soon becomes part of the institute or company culture.

With bosses more than eager to provide support to those 'working' late in the form of taxi vouchers, food vouchers and of course good feedback, (oh, he's a hard worker... goes home only to change..!!).
They aren't helping things too...

To hell with bosses who don't understand the difference between 'sitting' late and 'working' late!!!

Very soon, the boss start expecting all employees to put in extra working hours.

So, My dear Bachelors let me tell you, life changes when u get married and start having a family... office is no longer a priority, family is... and
That's when the problem starts... b'coz u start having commitments at home too.

For your boss, the earlier 'hardworking' guy suddenly seems to become a 'early leaver' even if u leave an hour after regular time... after doing the same amount of work.

People leaving on time after doing their tasks for the day are labelled as work-shirkers...

Girls who thankfully always (its changing nowadays... though) leave on time are labelled as 'not up to it'. All the while, the bachelors pat their own backs and carry on 'working' not realizing that they r spoiling the work culture at their own place and never realize that they would have to regret at one point of time.

So what's the moral of the story??
* Very clear, LEAVE ON TIME!!!
* Never put in extra time ' unless really needed '
* Don't stay back unnecessarily and spoil your company work culture which will in turn cause inconvenience to you and your colleagues.

There are hundred other things to do in the evening..

Learn music...

Learn a foreign language...

Try a sport... TT, cricket.........

Importantly,get a girl friend or boy friend, take him/her around town...

* And for heaven's sake, net cafe rates have dropped to an all-time low (plus, no fire-walls) and try cooking for a change.

Take a tip from the Smirnoff ad: *'Life's calling, where are you??'*

Please pass on this message to all those colleagues and please do it before leaving time, don't stay back till midnight to forward this!!!

IT'S A TYPICAL INDIAN MENTALITY THAT WORKING FOR LONG HOURS MEANS VERY HARD WORKING & 100% COMMITMENT ETC.

PEOPLE WHO REGULARLY SIT LATE IN THE OFFICE DON'T KNOW TO MANAGE THEIR TIME. SIMPLE !

Regards,
NARAYAN MURTHY.

4 easy steps to avoid financial stress

1. Clarity on income

Many a time the salaried person thinks that the CTC (Cost-to-Company) mentioned in the appointment letter divided by 12 will provide him the monthly income. Unfortunately it is not so.

There are so many deductions like taxes, EPF, company sponsored food, ESI, Gratutiy contribution, medical claim component, LTA, etc., which are deducted or can only be claimed. These effectively reduce the monthly income that will actually land in one's hands.

Also add the income that could come from other sources like spouse, rent, income from deposits, dividends from mutual funds, etc. Remember to add only the income that actually reaches you in cash.

Accrued but unrealized income (e.g. interest in a cumulative deposit which is your money but will actually reach your hands only at the time of maturity of the deposit) should not be added to monthly income for budgeting.

2. Track the Expenses

A list of 'all' expenses is to be made. Readymade charts and monthly indexed books are available which will help with this stage. A spreadsheet in a computer will add more muscle to the tracking.

Care should be taken to enter all expenses. Without entering the smallest of expenses (tea from the local grocer, bus ticket, barber shop expenses included) the process is incomplete.

The data entered is very important for analysis later. The advantage with pre-printed forms and using a computer spreadsheet is that, the entry itself can be made in different headings.

3. Current & targeted savings

The difference between the income and current expenses is the current savings. Simple.

But the current savings may or may not be enough to meet our future requirements.

Calculations on the need for investment and savings for different future requirements need to be calculated next. Priorities need to be set for achieving different requirements. Based on this the targeted savings can be got.

4. Planning the Expenses

The best way to plan your finances to gain maximum mileage and cope with very minimal or almost nil financial stress is to exclude your savings and investments, as in set it aside and don't consider that as income that you can spend.

Then use the remainder of the income only for all the expenses. Simply put, Income - Savings & Investments = Expenses

This is the next process step. Once you know the quantum to be saved and invested, you can peck on the different expenses to get the savings and investments in reality. This step is not a one-day or one-time effort. This has to be done repeatedly over a period of 3 to 6 months based on the individual's requirements and aspirations.

The step will also include ways to close off loans as soon as possible. Prioritizing among the loans so that there is savings in the interest paid out. Prioritizing based on the time available to achieve the goals, etc.

Providing for emergency expenses due to job loss, due to a medical emergency, for maintenance of equipments and vehicles, are also part of this stage. It has to be recognized that all these could be provided for only over a period of time.

The requirements for each family and individual are unique and have to be customized accordingly.