Breaking: CA Examination: Opt Out Option Will Be With The Candidate, You Have To Respect It: Supreme Court To ICAI [LIVE UPDATES]

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30 Jun 2021 10:37 AM IST

  • 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".


    Live Updates

    • 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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