CA Exams- 'Relax Condition Of RT-PCR Certificate; Give Opt-Out Option On Last Minute Centre Change' : Supreme Court Suggests ICAI

The Supreme Court on Tuesday asked the Institute of Chartered Accountants of India(ICAI) if alternate methods other than RT-PCR certificate can be adopted to asses whether a candidate is medically unfit to appear for the CA exams -scheduled to start from July 5- due to COVID-related difficulties.A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose, hearing three petitions related to CA exams, observed that the effects of COVID can be long-lasting, and a mere negative result in the RTPCR certificate may not reflect the fitness of the candidate.The judges said that they have personal experience that COVID infection can cause long term difficulties like fatigue, inability to concentrate even after recovery."It's all about giving one opportunity. This is also the old syllabus", the bench observed, pointing out to the fact this is otherwise the last opportunity for the old syllabus candidates.The bench asked the ICAI counsel to submit a note today itself on following points :(i) Alternate options for the condition of RT-PCR certificate.(ii) Ensuring that exam centres are not used for other purposes like marriage function and that their exclusivity is maintained.(iii) Examiners who are going to conduct exam should have RTPCR tests done before the date of exams.(iv) In case of last minute change of exam centre, option to select alternate exam centre or opting out should be given to the candidate.(v) If during the middle of exam a candidate suffers Covid, he should be permitted to take the remaining papers in the next cycle.The Court will continue the hearing tomorrow.The bench rejected the prayers made by some petitioners that articleship should be waived and CA students should be given vaccination priority on the basis of admit cards. The bench also clarified that logistics, transport and accommodation are the responsibilities of students. 'RTPCR certificates may be tough; last opportunity for old syllabus candidates' : Submissions of Meenakshi AroraAs the hearing started, Senior Advocate Meenakshi Arora, appearing in the case Sathya Narayana Perumal and others vs Union of India, submitted that the note submitted by the ICAI yesterday does not address many concerns raised by the students.She submitted that this is the last opportunity for the candidates under the old syllabus. She also pointed out that the "opt-out scheme" is given only for candidates producing COVID RTPCR certificates after June 21. Due to lockdown and quarantine situations in many parts of the country, RTPCR certificates may not be possible for many students.The exam centres are spread across the country. One state may have only 4-5 centres. So students will have to travel from their hometowns. "What if a particular candidate is residing in a containment zone or an area from where he cannot travel for any particular reason?", she asked.Positive RTPCR result may be difficult, bench observedThe bench observed that the condition of positive RTPCR certificate may be difficult for many students."Mr. Srinivasan, this condition you are mentioning here. RTPCR may be very difficult because you don't know. Persons who are not infected before 21 June will get infected. Those who have recovered also have longterm problems. There are different situations", Justice Khanwilkar told Senior Advocate Ramji Srinivasan, who was appearing for the ICAI."A general approach can be adopted. If a certified copy from an official is given that he cannot appear for a genuine reason and can appear in the next exam. One possibility is I am infected or one possibility is that family member is infected", the judge added.The bench said that it was not doubting the ICAI's assessment that the situation is conducive for exams; but was suggesting certain relaxations to allow students to take exams."RTPCR is no determination at all. Sometimes it shows negative and person has symptoms", Justice Khanwilkar said.The bench urged the ICAI counsel to identify a competent authority who can certify that a student is unable to appear due to COVID related issues. "You only concentrated on COVID POSITIVE RTPCR and nothing more. You have to take inputs from experts. The entire cycle of infection is 14 days max. But after suffering from COVID, people are getting effects for three months. Have you taken that into account?", Justice Maheshwari asked.Justices Khanwilkar and Maheshwari observed that they have personal experience that the effects of COVID can be long-lasting. Welcoming the suggestions of the bench, the ICAI counsel said that he will get instructions from the institute on whether the conditions could be amended.Other points raised by AroraSenior Advocate Arora submitted that there should be a mechanism to ensure that COVID SOP is strictly followed in exam centres.She also pointed out that the ICAI has unilaterally changed certain exam centres. In that view of the matter, the candidates should be given an option to choose alternate centres.The bench said there can...

CA Exams- 'Relax Condition Of RT-PCR Certificate; Give Opt-Out Option On Last Minute Centre Change' : Supreme Court Suggests ICAI

Radhika Roy

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