CMA Exams : Supreme Court Dismisses Plea Challenging Online Mode & Pattern Changes Of Cost Accountancy Exams

The Supreme Court on Thursday dismissed the writ petition challenging the pattern of the Intermediate and Final CMA Exams which is scheduled to be conducted online on 8th December by Institute of Cost Accountants of India (ICMAI).

While dismissing the petition, the bench of Justices LN Rao, BR Gavai and BV Nagarathna orally remarked, "We can't turn ourselves into supervisory authorities."

When the matter was called for hearing, the bench asked the counsel representing the petitioners as to who the petitioners were and where they live.

On petitioner's counsel submission that the petitioner(s) were from Delhi and Nagpur, the bench orally remarked, "Are you some supervising agency or exam controlling authority ? You say that people living in remote areas will be at a disadvantage.You people are before us and you represent lakhs of students?"

The bench further remarked, "If we start interfering in exams like this, no exam will be conducted in the country."

While the petitioner's counsel raised his grievance with regards to paper(s) being leaked and failure on the Institute's part to frame guidelines for the online exams since students had to make diagrams, the bench while dismissing the petition said that it cannot turn itself into supervisory authorities.

Details Of The Petition

The petitioners had sought quashing of the pattern of Intermediate and Final exam 2021 as unconstitutional, null And void as it violates Article(s) 14, 19 and 21 of the Constitution of India and hence void ab initio;

The petitioners had also sought directions to ICMAI to conduct the Intermediate and Final exam 2021 in offline mode.

The petitioners had challenged the examination pattern citing the following reasons:

The institute has been changing the pattern suo moto, without sharing any official notification in their official sites regarding changes in exams patterns.

Institute has changed the said exam pattern thrice in the last one month which creates a lot of confusion and chaos in the minds of the candidates/students.

• The latest pattern or exam mode which is issued by the Institute is not at all feasible as per the study material released by the Institute.
• The recent pattern shows that a lot more typing of answers will be required for which candidates are not ready or practiced so far.
• The practical problems such as theory papers which have long answers as per the latest pattern will not be possible within given time.
• The time limit fixed by the Institute is 3 hours, which would make it impossible for students to complete the exam as most of the candidates are well versed and practiced in writing upon pen and paper.
• As per the present pattern for exam the Fundamental rights of Hindi Medium candidates are being taken away by the authorities as it is not at all possible to type answers of subjective questions in a given time of 3 hours in Hindi

Case Title: Nitin & Anr vs Union of India & Anr| WP (C) 1292/2021

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