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SC dismisses ICFAI's plea against CFA Institute
September, 07th 2007
The Supreme Court on Thursday dismissed a petition filed by Institute of Chartered Financial Analysts of India University seeking to restrain US-based CFA Institute from operating in the country.

ICFAI University had sought a stay on an interim judgement of a division bench of the Gauhati High Court (Agartala Bench) that had -- on an appeal by CFA -- put on hold a single judge's order asking CFA Institute to cease its activities in India.

An apex court bench headed by Justice B N Agarwal on Thursday rejected ICFAI's plea after hearing both the parties.

ICFAI counsel K K Venugopal submitted that despite the order passed by two single benches of High Courts of Gauhati and Delhi, CFA was still continuing with its activities in the country. This was also contrary to the All India Council for Technical Education (AICTE) Regulations that require foreign universities/institutions to obtain its approval, ICFAI said.

Counsels Shanti Bhushan and Sanjai K Pathak, appearing for CFA, opposed ICFAI's petition on the ground that contempt proceedings are independent proceedings and the division bench was well within its rights to stay the single bench order.

Earlier in May, CFA had approached the Delhi High Court challenging AICTE's order dated May 18 that directed it to stop its activities in India. AICTE had also directed CFA to seek its approval for running such courses.

However, the Delhi High Court, in its interim order, had allowed CFA to conduct June 3 examination with a rider that it would not carry any other activities.

ICFAI had alleged that AICTE and UGC were not taking any action against CFA for allegedly running an unapproved technical programme in India.
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