ICAI CA Exams 2021: Can’t Tweak Rules, or Give Undue Relaxation in the Name of COVID-19, Says Supreme Court
The top court, in its order, said the opt-out facility is to candidates who suffered Covid or his/her family member had suffered from the disease in the recent past and certified by a medical practitioner and result of which the candidate is unable to disabled to prepare, then they will be allowed to opt out.
New Delhi, June 30: The Supreme Court on Wednesday made it clear that it is not inclined to either tweak rules or give undue relaxation in the name of Covid to Chartered Accountant (CA) aspirants for the examination commencing from July 5.
A bench headed by Justice A.M. Khanwilkar told a petitioner counsel, "We will not tweak with the rules. You have to appear for the whole group, if you miss a paper, if you take a chance then you take a chance".
Senior advocate Meenakshi Arora, appearing for one of the petitioners, submitted the new syllabus came in 2018. "We are trying to get your sympathy saying we are not attempting to avoid the exam", she added. ICAI CA Exams 2021 Update: ‘Conducive Time To Hold CA Exams As COVID-19 Spread Substantially Low’, ICAI Informs Supreme Court.
She argued that the opt-out option has to be given to those who suffered from Covid, or family members suffered from Covid and added that the Institute of Chartered Accountants of India (ICAI) note does not capture it.
The bench comprising Justices Dinesh Maheshwari and Aniruddha Bose said it is on opt-out option for candidates, and rest all are on SOP as per authority. The bench asked the petitioners counsel that there should be a complete option to students whether to opt -- out or not, "and once that option is there what other argument is available to you?"
Justice Dinesh Maheshwari said so far genuine Covid issues are concerned, we are looking into it. "In the name of Covid, we can't expand the scope so much," he added.
Justice Maheshwari emphasized that if a candidate has to appear in the entire group, then he/she has to appear. "Covid has to be treated as an ailment. It cannot be used to tweak the rules," he added.
ICAI has told the Supreme Court that the opt-out option in the CA Exam will be granted for those who "recently suffered" from Covid or have post-Covid health issues. ICAI CA Exam 2021 Update: Candidates Seek Postponement of Examination Amid Fears of Third Wave of COVID-19.
The top court, in its order, said the opt-out facility is to candidates who suffered Covid or his/her family member had suffered from the disease in the recent past and certified by a medical practitioner and result of which the candidate is unable to disabled to prepare, then they will be allowed to opt out.
"The candidate need not produce RT-PCR report if medical certificate by registered medical practitioner for himself or family member is accompanied with a request for opting out", said the court in the order.
(The above story first appeared on LatestLY on Jun 30, 2021 02:24 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).