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

A CA aspirant have approached the Supreme Court seeking various directions to the Institute of Chartered Accountants of India(ICA) with respect o the December cycle exams.

The application seeks 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, has 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.

"Insistence on an RTPCR report (within 72 hours) for the examination scheduled to be held from 05.12.2021 to 19.12.2021, is impracticable and unfeasible for the students preparing to write the exams as the examination cycle lasts for 15 days and not a single day stint and it is impracticable to get the RTPCR report after every 2nd exam," the application states.

The application has been 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 states 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 symptoms
• Provide 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

It has also been contended that the notification dated November 8 is in contravention of the Top Court's order dated June 30, 2021 and guidelines issued by the Govt. of India Ministry of Health and Family Welfare Guidelines dated September 2, 2020 revised on September 10, 2020.

Guidelines Issued By Ministry Of Health And Family Welfare

The guidelines issued by the Ministry of Health and Family Welfare, state that:

• In a regular course a symptomatic candidate should either be referred to the nearest health centre and given an opportunity to undertake the examination through other means ; or
• Universities/Educational Institutions should arrange for taking the exam at a later date when the student is declared physically fit
• The examination center should 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
• The Examination Conducting Authorities in advance should specify a clear policy on allowing/disallowing symptomatic candidates to undertake examinations

Reference in the application has also been made to Institute Of Cost And Management Accountants Of India ("ICMAI") that has allowed for unconditional opt out option to the candidates for upcoming December 2021 Examination.

In this backdrop, the applicant seeks the following directions :

1. Direct the Institute of Chartered Accountants of India (ICAI) that alternative arrangements in isolation room be made for candidates having body temperature beyond prescribed limits; or
2. Direct ICAI that RTPCR report need not be called from a symptomatic candidate in line with previous directions of this  Hon'ble Court for July 2021 examination, a medical certificate to the effect shall be made sufficient and thereby candidates shall be shifted to next cycle of examination.

The application has been filed through Advocate on Record Nupur Kumar.

Case Title: Anubha Shrivastava Sahai v Union of India and Ors