[BREAKING] CA Exams: Opt-out available if candidate/family member suffered from COVID-19 and for candidates in containment zone: Supreme Court

The Supreme Court today allowed candidates due to appear for the upcoming Chartered Accountant (CA) exams in July, to opt out if they or their family members have suffered from COVID-19 in the recent past. .The Court also made it clear that RT-PCR negative reports shall not be insisted upon for availing the op out as long as the candidate gets a medical certificate from a registered medical practitioner..Candidates, who are in containment zones, can also opt out, the Court said. .The Court also rejected the suggestion by Institute of Chartered Accountants of India (ICAI) that candidate will not be permitted to opt out if change of centre is within the same city. "We direct that ICAI shall permit candidates to opt out in case of last minute change of centre, and the same shall not be treated as an attempt," the Court said. .The Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose passed the following directions:Opt out facility will be available to candidates who suffered from COVID-19 or if their family member suffered from COVID-19 in the recent past. The same must be certified by a medical practitioner stating that the candidate is unable to prepare for the exam. The candidate need not produce RT-PCR report if medical certificate by registered medical practitioner for himself or family member is accompanied with request for opting out. Candidates who are in containment zones, can also opt out and this will not be treated as an attempt. That candidate will be able to appear in the exams in November. As regards logistical arrangements and infrastructure at exam centres, ICAI shall ensure strict adherence to the SOP issued by the competent authority. If any candidate, while attempting the exam, contracts COVID-19 due to which he is unable to appear in remaining papers, he will be allowed to opt out and it will not be treated as attempt. He can appear in November for the whole set of exams. We disapprove of the suggestion by ICAI that candidate will not be permitted to opt out if change of centre is within the same city. We direct that ICAI shall permit candidates to opt out in case of last minute change of centre, and the same shall not be treated as an attempt..Appearing for the petitioners, Senior Advocate Meenakshi Arora argued that the note submitted by the Institute for Chartered Accountants of India (ICAI) was not in line with what the Court observed during yesterday's hearing."Opt out option has to be given to those who suffered from COVID-19 or if their family members suffered from COVID-19. The ICAI note does not capture it," she said..Arora also brought up grievances with regard to the lack of option to change exam centre within the same city, the mandated 'no risk status' on the Aarogya Setu app for invigilators, and insistence on RT-PCR negative report for candidates..Throughout the hearing, the Court made it clear that its consideration would only be limited to preparing a scheme for opting out of the exams..On the request to allow CA candidates to resume writing papers that are pending as opposed to starting the whole cycle afresh, the Court said,"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.".The order was passed after the ICAI informed the Supreme Court that it is ready to extend opt-out option to those candidates (both under old and new syllabus) who have recently suffered from COVID-19 or are yet to recover from the after effects of the same..In a note submitted before the apex court, the ICAI had stated that candidates seeking to opt out will have to produce a medical certificate issued by a registered medical practitioner certifying that he/she has recently suffered from COVID-19 and is yet to recover.The certificate should bear the registered number of the medical practitioner. The certificate may be issued by a District Medical Officer, Primary Health Centres, Government General Hospitals, Private Hospitals and Registered Medical Practitioners.However, the ICAI made it clear that such medical certificate will be in addition to the relevant RT-PCR Report..[BREAKING] ICAI tells Supreme Court opt-out option in CA Exam for those who "recently suffered" from COVID or have after effects.This choice would be in addition to the current option for opt-out which is available in case the examinee or his family members residing in the same premises are infected with COVID-19 on or after June 21, 2021 till the completion of the examinations.Further, opt-out will be given in case there are any last minute changes in the examination centre due to operational or logistical reasons,. However, this would be applicable only in case of inter-city change. No opt-out option will be given where the change does not involve change of city.ICAI further submitted that it is not possible to waive off articleship since it is a way of on-the-job training to equip the students with the skills required in the practical aspects of the profession."It is a statutory requirement as per the Regulation. There is flexibility of completion of articleship as per the discretion of the Principal professional under whom the student is undergoing training. Therefore, it is not possible for complete waiver of the articleship," the note said..In response to a query from the Court regarding ensuring COVID-19 safety among staff and invigilators, the ICAA submitted that all the invigilators, supervisors at the examination venue will have to wear the masks and maintain social distancing.Further, all the examination functionaries shall carry ‘No Risk Status’ in Aarogya Setu App installed in their Mobile, it added..The Court had on Tuesday asked ICAI to come up with a policy where a competent authority can issue a certificate explaining why a COVID-19 positive student cannot appear for the upcoming Chartered Accountant (CA) examinations..[CA Exams 2021] Plea in Supreme Court for postponement, opt out, extra chance for candidates, increase in exam centres to be taken up tomorrow.The lead petition filed by Sathya Nayaran Perumal sought directions to the ICAI to allow an additional attempt to any candidate who fails to appear in the July 2021 CA exams in view of COVID-19 restrictions.The plea, which is a public interest litigation filed through advocates Divyansh Tiwari and Hardik Gautam, had made it clear that they are not seeking any postponement, cancellation or deferment of exams slotted for July 2021..The plea by Anubha Srivastava Sahai assailed a June 5 notification issued by the ICAI on the ground that it does not give students the choice to opt out before and during the exams and to carry forward all the benefits.The plea also prayed for an extra attempt to be given to the candidates who are appearing for the intermediate and final exams under the old syllabus..[READ ORDER]