A Three Judge Bench of Supreme Court comprising Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose has issued the following directions in the CA Exams matter today.(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...
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2021-06-30 05:07:45
30 Jun 2021 12:19 PM IST
Srinivasan: There has to be a nexus. You need to have some COVID disability.
30 Jun 2021 12:19 PM IST
Srinivasan: Last time we had given general opt out. 50% or so had suddenly elected to opt out at the last moment. They took advantage. More than 50% simply decided to walk out.
30 Jun 2021 12:19 PM IST
Bench to Srinivasan: The only thing we will tell you to do is to give the candidates full option to opt out without any conditions.
30 Jun 2021 12:18 PM IST
Bench to Adgaonkar: You cannot argue that some other institute has done it. You can’t equate two different exams. You can’t keep arguing same points again and again.
30 Jun 2021 12:18 PM IST
Swaraj: ICAI was reasonable with us with the opt out option.
Bench: At best you can ask for alternate opportunity.
Swaraj: That’s all I’m asking.
30 Jun 2021 12:18 PM IST
Bench: Institute also has to maintain discipline. You cannot keep expanding the scope.
Adv. Bansuri Swaraj is arguing.
30 Jun 2021 12:16 PM IST
Arora: My only concern is those candidates who may be found COVID Positive during the exam.
Bench: If it wasn’t for COVID, if you fall sick otherwise, then also you have to give the exams again. You have to treat COVID as any other illness. There is no end to it.
30 Jun 2021 12:15 PM IST
Arora: I was only on if a candidate doesn’t opt out and then ends up suffering from COVID during exams.
Bench: In the name of COVID, we cannot keep expanding the scope.
30 Jun 2021 12:15 PM IST
Arora: If you could just allow me to persuade you for half a minute. The students travel, they will take the exams.
Bench: We have said that it would be complete option available to the candidate to opt out or not. If that is there, what else do you want ?
30 Jun 2021 12:15 PM IST
Bench: Your concern is that even within the city, opt out option should be considered.
Bench: But if Rules require you to appear for the whole exams, we will not interfere with that. We will not tweak with the rules. You will have to take your chance.
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