Breaking: CA Examination: Opt Out Option Will Be With The Candidate, You Have To Respect It: Supreme Court To ICAI [LIVE UPDATES]
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...
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 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".
Arora: We are very grateful for the patient hearing.
Matter has concluded.
Arora: A very small request, the candidates will require fresh admit cards if there is change of centre and they will need it to travel.
Bench: That goes without saying. Every small point you want to raise. Do you want us to micromanage ?
Bench: Change of examination centres will not be a routine exercise by you, it’s an exception.
Bench to Srinivasan: We are of the concerned opinion that the option will be with the candidate and you have to respect that option. If you are changing according to your preferences, you cannot force the candidate to follow.
Order: Such candidate can appear in backup when situation is conducive.
Order: 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.
Order: They can give the exam in the next November cycle.
Order: He may be permitted to appear in backup exams as per the rules.
Order: They should assuage the concerns of all candidates for appearing in the examination centre. 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.
Order: As regards the logistical arrangements, both infra and Human Resource, the institute shall ensure there is strict adherence to SOP.
Order: Scheme itself provides entitlement to opt out and will not be treated as an attempt. That candidate will be permitted to appear in next exam.
Order: Candidate need not produce RTPCR report if report produced by medical practitioner is placed with application for opting out.