CA Exams -No RTPCR Needed For Opt-Out; Student Can Opt-Out For COVID Related Difficulties Of Oneself Or Family Members : Supreme Court

[Report updated with order- attached at the end]The Supreme Court on Wednesday directed the Institute of Chartered Accountants of India(ICAI) to give "opt-out" option to a candidate in the CA exams, scheduled to start from July 5, on account of COVID-related difficulties for herself or her family members, on the basis of a medical certificate issued by a registered medical practitioner.The Court also did away with the ICAI's requirement of producing RT-PCR certificate for seeking "opt-out" option. "We make it clear that the the candidate need not produce RTPCR report if medical certificate issued by registered medical practitioners for his family members is produced along with request for opting out", the Court said in its order.Further, the Court disapproved the ICAI's policy of not giving "opt-out" option if the last minute change of exam centre is within the same city. The Court said that "opt-out" option should be given even if the change of exam centre is within the city."In case of last minute change of examination centres, we disapprove the suggestion of ICAI that if it is in the same city, the candidate will not be allowed to opt out. We direct that candidate should be allowed to opt out and it will not be treated us an attempt. Such candidate can appear in backup exam to be held when situation is conducive", the Court said in its order. However, the Court did not interfere with the ICAI requirement that a student opting out of the July exam will have to re-appear in all the group papers in the next cycle.A Bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose issued the directions while disposing of three petitions related to the CA exams, scheduled to start from July 5.The Court directed the ICAI to conduct the exam and arrange the logistics in strict adherence to the Standard Operating Procedure notified by the competent authority, including the Disaster Management Authority.The bench confined the relief only to the issue of "opt-out" option and refused to entertain other issues raised by the petitioners.The order passed by the bench is as follows :"In our opinion, the scheme provided by ICAI is not enough. Instead, it needs to be expanded in the following terms -(i) A candidate who has suffered Covid personally or any of his family members, so certified by a registered medical practitioner, as a result of which he is unable to appear for exam, or disabled from preparing for the exam, is entitled to exercise the option of opting out. It will not be considered as an attempt. Such candidate will be permitted to appear for the next examination for both old and new syllabus.(ii) We make it clear that a candidate need not produce RTPCR report if medical certificate issued by registered medical practitioners for his family members is produced along with request for opting out.(iii) As regards candidates affected by lockdown during the relevant period of exam, we are informed that the scheme itself provides that such candidate will be allowed to opt-out and will not be treated as an attempt and such candidate will be allowed to appear in the next examination.(iv) As regards the logistical arrangements, both infrastructural and human resources-wise, the ICAI shall ensure that there is strict adherence to the SOP notified by the competent authority, including the Disaster Management Authority.(v) It is also clarified if any candidate who is attempting exam gets COVID during exam, he will be allowed to opt out and it will not be treated as an attempt. They can give the exam in the next November cycle. He may be permitted to appear in backup exams as per the rules. (vi) In case of last minute change of examination centres, we disapprove the suggestion of ICAI that if it's in the same city, the candidate will not be allowed to opt out. We direct that candidate should be allowed to opt out and it will not be treated us an attempt. Such candidate can appear in backup when situation is conducive". The Supreme Court observed that these directions "should assuage the concerns of all candidates for appearing for the CA exams".CA Exams 2021 : Supreme Court order is uploaded :Read directions -- opt out option if candidate/ family member affected by COVID- No RTPCR certificate needed; just medical certificate.- opt out option for centre change in city.@anubha1812 #caexams @BansuriSwaraj pic.twitter.com/QKFyO0enXW— Live Law (@LiveLawIndia) June 30, 2021 Courtroom ExchangeICAI's note in line with Court's observations, Arora submitsSenior Advocate Meenakshi Arora started submissions in one of the petitions by saying that the ICAI's note submitted yesterday was not in line with the observations made by the Court.She pointed out that the note says opt-out option is for those who suffered COVID "recently". The word "recently" is vague, and a timeline should be specified.She also said that the ICAI has not done away with the requirement of RT-PCR...

CA Exams -No RTPCR Needed For Opt-Out; Student Can Opt-Out For COVID Related Difficulties Of Oneself Or Family Members : Supreme Court

Radhika Roy

The Court also extended 'opt-out' option for last minute change of exam centre within a city.

Tags