Monday, November 29, 2021

CA Exams Dec 2021: SC rejects a petition seeking an opt-out option for symptomatic students without RT-PCR report

CA Exams Dec 2021: SC rejects a petition seeking an opt-out option for symptomatic students without RT-PCR report

The Supreme Court has dismissed a petition seeking an opt-out option for symptomatic students who do not have an RT-PCR report.

The CA aspirant has petitioned the Supreme Court of India for different directives to the Institute of Chartered Accountants of India (ICAI) regarding the December 2021 cycle of CA Foundation, Intermediate, and Final exams.

Sanjeev K Arora, the petitioner, has also asked that RT PCR reports not be made required for Covid symptomatic students and that medical certificates be considered acceptable for opting out of the December cycle and sitting the test in the next cycle of the CA exam. The petitioner has demanded that Covid symptomatic students be accommodated in isolation rooms in order for them to take the exam.

According to the petition, “insistence on RTPCR report (within 72 hours) for the examination scheduled to be held from 05.12.2021 to 19.12.2021, is impracticable and unfeasible for students preparing to write the exams because the examination cycle lasts for 15 days and not a single day stint and it is impracticable to get RTPCR report after every second exam.”

The petition also states that, according to the ICAI’s exam day standards and policies, any candidate with a body temperature above the prescribed limit will be banned from entering the examination hall. It would be quite difficult for the candidates to produce a positive RT-PCR report within 72 hours in such a setting. Furthermore, notwithstanding their willingness to take the exam, candidates suffering from non-COVID-19 related fever and other symptoms are unable to do so under this criterion.

In its order, the bench of Justices AM Khanwilkar and CT Ravikumar expressed their disinclination to consider the case, saying, “We are not inclined to entertain the motion.” It will be up to the authorities to make changes if and when they are required.”

Previously, the Supreme Court asked the ICAI to change the rules so that students might opt out. Covid-affected candidates can opt out of the ICAI test cycle in May/July 2021, according to the Supreme Court, adding that they do not need to present an RT PCR report if they can submit a medical certificate.



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