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COVID situation constantly changing, allow students to opt out till the very last: SC tells ICAI regarding CA exams

The Supreme Court has asked the Institute of Chartered Accountants of India (ICAI) to issue fresh guidelines on CA exams incorporating the new guidelines suggested by the court.

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Published : Jun 29, 2020, 4:53 PM IST

New Delhi: The Supreme Court today asked the Institute of Chartered Accountants of India (ICAI) to issue fresh guidelines on CA exams incorporating the new guidelines suggested by the court today.

The bench comprising of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Sanjiv Khanna was hearing a plea which sought a stay on the 'opt-out' option for the candidates, more exam centres and precautionary measures for the exams scheduled to be held from 29th July till 16th August.

In the last hearing of the case, the top court had issued notice to ICAI and had asked it to submit its response over the plea.

ICAI informed the court today that there are 500 exam centres across the country and all of them have been sanitised and are equipped to deal with the situation. It is not possible to change its guidelines now, said advocate appearing for ICAI.

The petitioner, on the other hand, raised issues on limited centres and students in lockdown areas. The advocate appearing for petitioner contended before the judges that there are states like Himachal Pradesh where there is only one exam centre, many students from Bihar have opted Kolkata as their centre is under lockdown and then there are students who themselves are in containment zones. Such students should get the option to opt-out of free will but they are not able to. As per ICAI, the students will have to email them that they won't be able to appear for exams and they won't be questioned over it and they can choose to appear later. Although there is a time frame up to which the candidates can ask for the opt-out scheme.

Also read: Rahul Gandhi urges people to 'Speak Up Against Fuel Hike'

SC observed that the situation is constantly changing and even if a student has not chosen 'opt-out' option before but they suddenly come under containment, they should be allowed to not appear in exams and be treated as opt-out cases.

"You are saying if someone chooses to opt out they have to give reasonable grounds. We are saying that you should give the benefit of cancellation for anyone who is unable to take some of the exams," said SC to ICAI.

ICAI told the court that they can extend the option to opt-out by one week.

SC responded saying that whatever new notifications they issue they should clarify that the candidates can opt-out as per Home Ministry's issued advisory.

"You are a professional body. Must take care of your candidates," remarked the court.

The matter will be heard again on 2nd July when ICAI will inform the court about fresh guidelines.

New Delhi: The Supreme Court today asked the Institute of Chartered Accountants of India (ICAI) to issue fresh guidelines on CA exams incorporating the new guidelines suggested by the court today.

The bench comprising of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Sanjiv Khanna was hearing a plea which sought a stay on the 'opt-out' option for the candidates, more exam centres and precautionary measures for the exams scheduled to be held from 29th July till 16th August.

In the last hearing of the case, the top court had issued notice to ICAI and had asked it to submit its response over the plea.

ICAI informed the court today that there are 500 exam centres across the country and all of them have been sanitised and are equipped to deal with the situation. It is not possible to change its guidelines now, said advocate appearing for ICAI.

The petitioner, on the other hand, raised issues on limited centres and students in lockdown areas. The advocate appearing for petitioner contended before the judges that there are states like Himachal Pradesh where there is only one exam centre, many students from Bihar have opted Kolkata as their centre is under lockdown and then there are students who themselves are in containment zones. Such students should get the option to opt-out of free will but they are not able to. As per ICAI, the students will have to email them that they won't be able to appear for exams and they won't be questioned over it and they can choose to appear later. Although there is a time frame up to which the candidates can ask for the opt-out scheme.

Also read: Rahul Gandhi urges people to 'Speak Up Against Fuel Hike'

SC observed that the situation is constantly changing and even if a student has not chosen 'opt-out' option before but they suddenly come under containment, they should be allowed to not appear in exams and be treated as opt-out cases.

"You are saying if someone chooses to opt out they have to give reasonable grounds. We are saying that you should give the benefit of cancellation for anyone who is unable to take some of the exams," said SC to ICAI.

ICAI told the court that they can extend the option to opt-out by one week.

SC responded saying that whatever new notifications they issue they should clarify that the candidates can opt-out as per Home Ministry's issued advisory.

"You are a professional body. Must take care of your candidates," remarked the court.

The matter will be heard again on 2nd July when ICAI will inform the court about fresh guidelines.

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