CA Exams December 2021 : Supreme Court Dismisses Plea Seeking 'Opt Out' Option For Symptomatic Students Without Insisting RT-PCR Test

The Supreme Court today declined to entertain an application seeking directions to the Institute of Chartered Accountants of India(ICAI) to provide measures such as 'Opt Out' option for symptomatic students without insisting on the RT-PCR test for the up coming CA exams in December.The bench of Justices AM Khanwilkar and CT Ravikumar while expressing its disinclination to entertain the application in their order said, "We are not inclined to entertain the application. It will be open to the authorities to make amendments if and when necessary." The Top Court also granted the applicants liberty to approach the Top Court in case of any grievance at a later stage.Courtroom ExchangeWhen the matter was called for hearing Justice AM Khanwilkar, the presiding judge of the bench, said that the writ petition in which the Miscellaneous Application had been filed was disposed of."If direction has been complied with, what else now? The situation in June 2021 was different and now it's different and it's evolving. We're not here for everything," Justice Khanwilkar said.Advocate Nupur Kumar appearing for the applicant at this juncture submitted that although there was no inbuilt mechanism in the new notification dated November 8, 2021 issued by the ICAI, there was a Guideline issued by the Issued by the Ministry of Health And Family Welfare.She further submitted that as per the guideline, the examination centers were required to have a designated isolation room for isolating any person who is found symptomatic at the time of screening or during examination, till such time medical advice may be sought."This has to stop now, we can't encourage this. You can't come by way of a MA & open the entire proceedings," Justice Khanwilkar remarked while declining to entertain the application.Details Of The Application The application sought directions to make alternative arrangements for the symptomatic students/ having fever to appear in the upcoming exams scheduled to be conducted in December 2021. The application filed by Sanjeev K Arora, a prospective candidate of the CA Exam scheduled to be held between December 5, 2021 to December 19, 2021, had sought for directing the ICAI to not call for RT PCR reports from symptomatic candidates and consider medical certificates sufficient for shifting the candidates to the next cycle of examination. The application was filed as an interlocutory application in the writ petition Anubha Shrivastava Sahai versus Union of India, in which the Supreme Court had issued a slew of directions with respect to the conduct of July cycle exams. Stating that the upcoming exams would be the last chance for the candidates to appear for Old Course, the applicant has urged to consider the application as one time relaxation for those candidates who are not allowed to appear due to ICAI's notification dated November 8, 2021 ("Impugned Notification"). The impugned notification, prohibits a candidate having body temperature beyond prescribed limit to enter the examination hall. The application also stated that especially when the CA Final Old Course Students would be writing their last attempt, the impugned notification does not: Specify any 'Opt-out' scheme in respect of candidates who suffer from fever or any COVID-19 related symptomsProvide for any alternative arrangements in respect of such candidates who are willing to write the exam despite the fever,SOP in cases of Non- Covid related fever The application has been filed through Advocate on Record Nupur Kumar. Case Title: Anubha Shrivastava Sahai v Union of India and OrsClick Here To Read/Download Order

CA Exams December 2021 : Supreme Court Dismisses Plea Seeking 'Opt Out' Option For Symptomatic Students Without Insisting RT-PCR Test

Shruti Kakkar

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