Thread by @barandbench

[CA Exams]

Supreme court to hear a batch of pleas seeking directions to @theicai for allowing an additional attempt to any candidate who fails to appear in the July 2021 #CAExams in view of Covid-19 restrictions among other reliefs

@hardikgautam @iDivyanshTiwari @anubha1812

Meanwhile, @theicai has informed the #SupremeCourt that since there is a dip in the number of COVID-19 cases, it is in the best interest of students that Chartered Accountant (CA) exams are held as scheduled in July instead of postponing it for later.

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The lead plea has stated through Senior Advocate Meenakshi Arora that they are not seeking any postponement, cancellation or deferment of exams slotted for July, 2021
#caexam #supremecourt

The petitions also pray for ICAI to extend the attempt for CA candidates appearing in CA Integrated Course (IPC) & Final Course with old syllabus and for ICAI to waive off the articleship period for one (1) year under present exceptional circumstances
#Supremecourt #caexams

[CA Exams 2021] Plea in Supreme Court today for postponement, opt out, extra chance for candidates, increase in exam centres.

READ LIVE UPDATES from hearing here: bityl.co/7ZfO

Item 27 is being heard now
CA exams matter is item 43

@hardikgautam

@iDivyanshTiwari

@anubha1812

Matter to start now

#CAExams @theicai
@hardikgautam
@iDivyanshTiwari
@anubha1812

Justice Khanwilkar: we have gone through the ICAI note

Sr Adv Arora: the note does not address any of the points in our plea

#CAExams @theicai @hardikgautam @iDivyanshTiwari
@anubha1812

Arora: this is an old syllabus exams and last opportunity to appear in old syllabus exam. next exam is on new syllabus.

Justice Khanwilkar: there is another exam

#CAExams @theicai @hardikgautam @iDivyanshTiwari
@anubha1812

Arora: June 21 ICAI circular says examinees may note that covid positive rt pcr shall be given post the announcement of this date. examinees who will opt out of july exam will be allowed in nov exam.

#CAExams @theicai @hardikgautam @iDivyanshTiwari
@anubha1812

Arora: candidates have to travel from all across country to appear one exams. these students who live in containment zones may not be able to take the RT Pcr rests. ICAI has not looked at problems being faced by students

#CAExams @theicai @hardikgautam @iDivyanshTiwari

Arora: after this exam will be on new syllabus. Thus this is the last opportunity to appear as per old syllabus. it cannot be that rt pcr test comes from June 21 to the date of end of exam. there may be reasons why on covid reasons a candidate does not appear

#CAExams

Justice Khanwilkar: you have to show whether you are covid positive or not

Arora: exemption will be given only when the positive report is after June 21 to a date till end of exams. Centres in a state is only 4 to 8.

Sr Adv Arora: They have to travel for exams. Dimapur centre is cancelled thus all in Nagaland have to go to Guwahati. what about candidates in containment zones.
#caexams

Justice Khanwilkar: RT PCR positive report may be very difficult to get. Person who recovered have long term problems and thus unable to appear in exams. General policy may be adopted where an authorised agency can certify that he is not able to appear in exam

Sr Adv Ramji Srinivasan for ICAI: Exams are usually held in May and January. We could not hold it in May as second wave was on. Today there are 37,000 cases

SC: We are not doubting your intention to conduct exam now since the situation is conducive

SC: We are saying you can take certificates as a valid certificate in place of a rt pcr test so that the candidate can take the next exam. RT PCR test is no test. Some negative ones were actually positive. Evolve a policy that one can certify why one could not appear

Srinivasan: I bow down

Justice Maheshwari: while taking this decision you only focussed on rt pcr report. have you taken opinion of experts as to how the virus has behaved. people have suffered for months after being tested positive. Have you taken this into account?

Justice Maheshwari: We are not on covid but covid related problems. You have to look at it from all angles.

Justice Khanwilkar: we are sharing personal experience. my after effects lasted for after 3 weeks from recovery.

Justice Maheshwari: fatigue factor is horrible !

Justice Khanwilkar: whole debate is to give them another opportunity. RT PCR certificate should not be a parameter but a policy where a competent authority can issue certificate looking at covid or covid related effects. autority has to certify that he was unable to appear

Justice Khanwilkar: It can also be a disability due to the covid long term effects making him disable to prepare for the #caexams .. let the authority decide with some objective standard. that authority should have medical experience as they wont understand
#supremecourt

Srinivasan: You have personally gone through the experience of COVID and we will consider this certainly

Justice Maheshwari: its all over the globe and experiences are myriad, some people did not recover in two or three months. one person was asymptomatic, got a dose of vaccine and now it has been three months in ventilator!

Justice Khanwilkar: this is one last chance in old syllabus. preparation is not such a simple exercise and a painstaking exercise.

Srinivasan: ICAI will release a notification so that these concerns are taken care of, an authority is appointed so that students can opt out

Sr Adv Arora:those who want to take the exam, their safety is of utmost importance. ICAI is an institution and it will take all measures to ensure that we are safe. Halls which has been selected have also been used for weddings etc. Let the independent body ensure SOP is followed

Arora: we cannot let any other event become a super spreader event and expose our examinees to such dangers. Authority has to ensure SOP is followed to the hilt. Invigilators etc must have a rt pcr report

SC: this SOP will be followed in the hall. that assurance has been given

Arora: We are required to give option for centre as we travel distance and find accommodation. they have unilaterally changed the centres. give me an opportunity to select an alternate centre

SC: If change happens last minute you have option to opt out but otherwise you cannot resort to this. But individual logistical needs cannot be taken care of.

Justice Khanwilkar: if its a serious issue we will look into. all small matters need not be highlighted.

Arora: today also some centres which has been changed

SC: We have understood, if its last minute you can opt out

Justice Khanwilkar: be selective of the points being raised. tell us the issues of security and concern

Arora: another prayer is to waive off the one year articleship requirement. Some could not complete

SC: It is a part of course and cannot be waived off.

Arora: Whenever students have raised issues against ICAI, ICAI has stated that their conduct is not behoving the institute and results were not declared. Please let there not be retaliatory action. students had to approach Rajasthan HC and then results were announced.

SC: Let a formal application be filed, we will pass better strictures than the High Court. You can highlight this point later

Adv Shashibhushan Adgaonkar for @anubha1812 : vaccination of students should be on priority

SC: Can the ICAI be directed for vaccination?

Adgaonkar: admit card can be used to prioritize vaccination for candidtes

SC: We cannot interfere in the vaccination policy which is pending before some other bench. we cannot create class after class.

Adgaonkar: In curfew students cannot travel

SC: you can highlight this before the institute and they will take a call.

#supremecourt @anubha1812 #caexams

Adgaonkar: for staff vaccination, ICAI has expressed inability

Justice Maheshwari: i don't think you are genuinely interested in the institute functioning and exams be conducted. we are sorry to say this you are not obliging the institute

Justice Khanwilkar; appearing in exam is voluntary act and not a compulsion, if you want to pass you will appear. We cannot hold the institute responsible for this.

Adv Bansuri Swaraj: ICAI had last time they allowed to opt-out on self assessment and self declaration of covid. There may be situation where some family members are positive

SC: Let a competent authority decide that.

Justice Maheshwari: when we allow opt-out someone has to certify and if not it will be an unending exercise. It has to be with cogent reasons.

SC: are these candidates first timers or repeaters? from when has new syllabus been applied?

Srinivasan: The new syllabus came into effect in 2016...

Arora: those candidates who take the exam now and assuming they fall sick midway, ICAI on last time allowed them to take the remaining papers, otherwise rule is to appear in all of them again

Justice Khanwilkar: if the competent authority certifies so then yes you can appear only in remaining papers

Srinivasan: with 74 years of experience ICAI holds exam twice a year. Institute had responded last year and exams were allowed to be held. This is a mammoth excercise

Srinivasan: 815 centres have been identified as huge halls with all kinds of arrangements. COVID is a dynamic issue and thus all protocols by health ministry will be followed. last time all exams were held. Now time is most conducive

Justice Khanwilkar: we are on option for students to opt out

Srinivasan: We had given opt out option to students who were down with COVID. ICAI says Chief Medical Officer can issue a certificate for the students now.

Srinivasan: New syllabus is from july 2017 but old students sought leave last time as it was last option. whoever faces difficulty will be given another chance. these students had 7 years to appear for old syllabus exam

Srinivasan: but we will give the benefit but limited to who are directly or indirectly affected by COVID. results will be declared as soon as possible.

Justice Khanwilkar: Please file your commitment by today and we will have the case tomorrow. we are only on opting out and situation when it can be granted. We are not on post poning the exams at all.

Justice Khanwilkar: examination hall SOP should be maintained strictly and it cannot be shared with marriage halls. On this also respond to us. Safety and security needs to be maintained. Invigilators etc RT PCR test should be part of SOP

Justice Khanwilkar: changing of exam centre last minute should be a ground for opting out. Vaccination cannot be the primary responsibility of ICAI and if you give suggestions we will make it a part of the order.

Srinivasan: There are groups in which exams are held. suppose they have appeared in one group and leave next group midway then first group results will be out but the next group has to be given together.

Justice Khanwilkar: List this matter tomorrow for a point wise note from ICAI on the issues discussed today. We will pass orders on the basis of the note. File the note to parties and also by email.

#supremecourt #caexams

[BREAKING] Supreme Court says will not postpone CA exam 2021; Will pass order tomorrow on granting opt out after ICAI agrees to give 2nd chance

report by @DebayonRoy

#caexam2021 #caexams #caexam

@theicai @anubha1812

Read more here: bityl.co/7ZqO