Excerpts of Today’s Supreme Court Hearing for Conduction of CA Exams Amidst Corona

Excerpts of Today's Supreme Court Hearing for Conduction of CA Exams Amidst Corona

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Please find text of the Excerpts of Today’s Supreme Court Hearing for Conduction of CA Exams Amidst Corona notification below –

Excerpts of Today’s Supreme Court Hearing for Conduction of CA Exams Amidst Corona

30 Jun 2021 12:38 PM

Arora: We are very grateful for the patient hearing. Matter has concluded. 

30 Jun 2021 12:37 PM

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 ?

30 Jun 2021 12:34 PM

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.

30 Jun 2021 12:33 PM

Order: Such candidate can appear in backup when situation is conducive. 

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30 Jun 2021 12:33 PM

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.

30 Jun 2021 12:32 PM

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.

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30 Jun 2021 12:30 PM

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.

30 Jun 2021 12:29 PM

Order: As regards the logistical arrangements, both infra and Human Resource, the institute shall ensure there is strict adherence to SOP.

30 Jun 2021 12:28 PM

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.

30 Jun 2021 12:28 PM

Order: Candidate need not produce RTPCR report if report produced by medical practitioner is placed with application for opting out. 

30 Jun 2021 12:27 PM

Order: Such candidate shall be permitted to repeat old and new course in 2021 subject to conducive situations.

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30 Jun 2021 12:27 PM

Order: Candidates who have suffered personally or family members can be certified by medical practitioner, or for that he is disabled to appear for exam, he should be allowed to opt out and it should not be considered as an attempt.

30 Jun 2021 12:26 PM

Order: Multiple issues were agitated before us. We have confined our consideration to one aspect – comprehensive scheme for opt out.

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30 Jun 2021 12:25 PM

Order: Institute has submitted a note. In our opinion, option provided therein is not enough. It needs to be expanded in following terms. 

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30 Jun 2021 12:25 PM

Bench: We are not taking your explanation anymore and we are dictating order now. 

30 Jun 2021 12:24 PM

Srinivasan: We will clarify that. Every year we have found that some people come and find the exam difficult and just walk out thinking they have no consequences.Bench: Please listen to us.

30 Jun 2021 12:23 PM

Srinivasan: I thought having a medical certificate from any doctor is good enough.Bench: Containment zone also.Srinivasan: If any person falls in the zone, we will automatically go ahead and allow.

30 Jun 2021 12:23 PM

Bench: If a person has two people who are COVID positive, do you expect him to be able to prepare ? 

30 Jun 2021 12:21 PM

Bench: Both inability and disability both need to be taken into consideration. You have only provided for inability. Yesterday we talked about “COVID related problems”. There could be genuine problems also. You have to look at the situation in present scenario.

30 Jun 2021 12:20 PM

Bench: So far as opt out option is concerned, you have to look at disability as well. He could not be in a position to appear. If it’s COVID related, what is the difficulty ?

30 Jun 2021 12:19 PM

Srinivasan: There has to be a nexus. You need to have some COVID disability.

30 Jun 2021 12:19 PM

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

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. 

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30 Jun 2021 12:18 PM

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

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

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Bench: Institute also has to maintain discipline. You cannot keep expanding the scope. Adv. Bansuri Swaraj is arguing.

30 Jun 2021 12:16 PM

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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

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.

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30 Jun 2021 12:15 PM

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 ?

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30 Jun 2021 12:15 PM

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. 

30 Jun 2021 12:12 PM

Arora: After 2019, all candidates are facing because of pandemic.Bench: You are raising too many issues.Arora: We are only trying to evoke sympathy. We are not candidates who want to avoid exams.Bench: Then you’ll end up getting nothing.

30 Jun 2021 12:11 PM

Bench: We will only confine ourselves to general observations. Even for opt out option, we will confine to changing of centre. If rules say that you have to appear for whole exams; then you have to appear.

30 Jun 2021 12:11 PM

Arora: I will restrict myself to these five entries. Articleship I’ve said, but that my learned friend is to consider. 

30 Jun 2021 12:10 PM

Bench: The submission was different.Arora: The children are exposing themselves. Therefore let them not take the full exams but only those that are left. 

30 Jun 2021 12:09 PM

Arora: Otherwise he would have to take all exams due to no fault of his. 

30 Jun 2021 12:08 PM

Arora: Last issue is that we had suggested that if a student drops out mid exam because of COVID, they should be able to take it in November. If the exams could be taken separately without having to take all his papers.

30 Jun 2021 12:08 PM

Arora: The student has made their arrangement, with a relative or hotel. It’s not fair. In a city like Delhi, it can be as far as 30km. They are changing their options, without giving us the corresponding option. 

30 Jun 2021 12:07 PM

Arora: For examination centres, they are changing it last minute. Students are travelling. They are making bookings. It’s unfair that you for your convenience can change the centred, but no concession is there for the student.

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30 Jun 2021 12:07 PM

Arora: What they want is now certificate by registered medical practitioner and RTPCR. I also suffered from COVID. I have my prescriptions, but I don’t have my report. Now they’re asking for both the things.

30 Jun 2021 12:07 PM

Bench: Don’t tweak the authority’s decision that is not before us. This SOP is brought about by the authority. You confine yourself to the opt out option, and rest of the things will be confined to the SOP.

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30 Jun 2021 12:06 PM

Arora: Third is about exam functionaries. They said that only they must carry a No Risk sign on Aarogya Setu. 

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30 Jun 2021 12:06 PM

Arora: Second is about SOP. The only thing we want to flag is that sometimes schools and all are used for events. They should take concern of that. 

30 Jun 2021 12:06 PM

Arora: The second issue is that those candidates who are residing in zones out of which they can’t travel, that needs a recognition. 

30 Jun 2021 12:06 PM

Arora: What they don’t take into account is that if there are members of the same family who are residing in the same house -Bench: We have already spent time on this.

30 Jun 2021 12:05 PM

Arora: What they want is now certificate by registered medical practitioner and RTPCR. I also suffered from COVID. I have my prescriptions, but I don’t have my report. Now they’re asking for both the things.

30 Jun 2021 12:05 PM

Arora: Please turn to the paragraph. “Recently” is very ambiguous and if we could include the period of the second wave which is April, that would be much better. 

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30 Jun 2021 12:04 PM

Arora: Opt out option is to be given to a candidate who has suffered or his family has suffered due to COVID. The note doesn’t capture it. 

30 Jun 2021 12:03 PM

Arora: We have gone through the note and it doesn’t capture what you categorically directed. 

30 Jun 2021 12:03 PM

Bench: Let the other side respond.

30 Jun 2021 12:02 PM

Srinivasan: I have submitted a note capturing the seven points you directed us.

30 Jun 2021 12:00 PM

Matter has commenced. Sr. Adv. Ramji Srinivasan is appearing for ICAI. Sr. Adv. Meenakshi Arora is present on behalf of one of the Petitioners.

30 Jun 2021 11:40 AM

The Court is currently hearing Item 23. Matter is listed at Item 43. 


Source of the Above Updates can be accessed by clicking below –

https://livelaw.in/top-stories/icai-ca-examination-supreme-court-postponement-opt-out-option-extra-chance-covid-176541

That’s all for now. Stay Connected for more such authentic updates.

Jai Hind, Vande Mataram
Team CA Study

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