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 Exchange

When 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

Click Here To Read/Download Order