SC directs ICAI to let candidates opt out of July exams if they had ‘problems related to COVID-19’
The court directed the Institute of Chartered Accountants of India (ICAI) to permit candidates to opt out of the examination scheduled in July if candidates were capable of produce a certificate from a registered medical practitioner showing that either they or any family member had been tormented by COVID-19 or its after-results and had been unable to prepare for the examination.
The court in addition directed that applicants need to receive the option to opt out even though the examination centre has been changed to another location in the same city.
“If you're changing the examination centre at the final minute due to your personal logistical problem, you need to leave it to the candidate to decide whether he or she wants to opt out. You must give the candidate the choice and respect their choice,” Justice A.M. Khanwilkar, leading a three-judge Bench, addressed the ICAI, represented by senior endorse Ramji Srinivasan.
The court stated applicants who opted out because of “COVID-associated problems” and examination centre adjustments need to be allowed to appear in the back-up examination whenever it would be conducted.
The Supreme Court, permitting the ICAI to move in advance with its exams in July, directed the institute to strictly adhere to the standard operating procedure issued through the in a position authority below the law, including the Disaster Management Act.
On Tuesday, the court had mentioned to the ICAI that opt-out option must be made available not only for applicants who are COVID-19 positive on the time of examination but also for folks that couldn't put together for his or her exams because of prolonged post-pandemic complications certified by an expert.
“Have you considered the post-COVID effects,” Justice Dinesh Maheshwari, at the Bench, had asked Mr. Srinivasan.
“Some people at the Bench have in my opinion experienced this… Even the fatigue factor after a COVID attack is horrible. Some people have not been capable of work for 2 to 3 weeks... You cannot count on a CA aspirant to put in his best while he's suffering from post-COVID issues… The preparation for this examination is not simple… This is all approximately giving a person an opportunity,” Justice Khanwilkar had observed.
The Bench become listening to pleas to delay the CA examination because of the pandemic.
The ICAI had stated that July was the apt time to conduct the examination with all protection protocols in place, considering the lull in cases. The third wave may hit in September or October.
The ICAI had stated the applicants had been eager to take the exams. “Out of 3,74,230 candidates, as on June 27, more than 2,82,000 candidates have downloaded their admit cards, as a result showing their eagerness to appear in the examinations,” argued.
