Thread by @barandbench

[CA Exams 2021] Hearing in Supreme Court today on granting opt out [LIVE UPDATES]

#caexams #caexam #SupremeCourt

The Bench will assemble at 10.30 am. Read LIVE UPDATES from today's hearing here: bityl.co/7auI

The Supreme Court had made it clear yesterday that it will not postpone the exam but will only pass directions on granting opt out.

#caexams #caexam #SupremeCourt

Read more on that here: bityl.co/7auO

ICAI has told Supreme Court opt-out option in CA Exam will be granted for those who "recently suffered" from COVID or have after effects

#caexams #CAExams2021

Read more about ICAI proposal here: bityl.co/7aud

The case is listed for final hearing and orders today
#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams2021 #caexams

Item 14 is going on. Item 43 is the CA exams matter.

#icaiexams
@anubha1812

@iDivyanshTiwari

@hardikgautam

@BansuriSwaraj

#CAExams2021 #caexams

Item 24 is going on. Item 43 is the CA exams matter.

#icaiexams
@anubha1812

@iDivyanshTiwari

@hardikgautam

@BansuriSwaraj

#CAExams2021 #caexams

Matter to start shortly. Item 39 is going on. Item 43 is the CA exams matter.

#icaiexams
@anubha1812

@iDivyanshTiwari

@hardikgautam

@BansuriSwaraj

#CAExams2021 #caexams

Sr Adv Meenakshi Arora: the ICAI note is not in line with what the Supreme court had observed

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams2021 #caexams

Sr Adv Meenakshi Arora: opt out option has to be given to those who suffered from covid or family members suffered from covid. The ICAI note does not capture it.

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams2021 #caexams

Sr Adv Meenakshi Arora: The note says the opt-out will be for the ones who have recently suffered from covid or after effects, but when from March? Now they want medical certificate and RTPCR too

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams2021

Sr Adv Meenakshi Arora: I too had covid but i don thave the rt pcr report. the medical prescriptions also have that written. now they want rt pcr and medical certificate both

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams2021 #caexams

Sr Adv Meenakshi Arora: if a family member suffered from covid or passed away then that's an option too

Justice Khanwilkar: we have considered it

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams2021 #caexams

Sr Adv Meenakshi Arora: travel is also an issue since the candidates have to travel far distance for centres. though they have said marriage halls will not be used let ICAI exercise caution that such venues will not be used

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam

Sr Adv Meenakshi Arora: on exam funtionaries they just say no risk status will have to be carried on the arogya setu app

Justice Khanwilkar: that is as per the disaster management act. let the SOP be in accordance with what the competent authority decide

SC: you confine to opt-out option rest everything will be as per SOP by competent authority

Sr Adv Meenakshi Arora: regarding change of centre, inter city they will allow but within city they wont.

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams

Sr Adv Meenakshi Arora: it is unfair that for ICAIs conveniece that centre is changed but the student has already made arrangements to stay in hotel or relatives. its so difficult to find arrangement

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams

SC: You can opt out within city too

Arora: we had requested for those students who have to drop out midway due to covid or ill health and in nov they will appear for all papers as per new syllabus

#icaiexams @anubha1812 @iDivyanshTiwari @hardikgautam @BansuriSwaraj #CAExams

Sr Adv Meenakshi Arora: please let them only the papers missed and he has to appear for all papers for not all fault of his

Justice Aniruddha Bose: it is not for all the papers. it says that group will have to be reattempted in nov

#icaiexams @anubha1812 @iDivyanshTiwari

Sr Adv Meenakshi Arora: the children are exposing themselves that is why i say let them to take full group but only the missed out papers

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Sr Adv Meenakshi Arora: I will restrict myself to this. For article ship grateful if ICAI can consider

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SC: We are repeating only that we are on opt out rest all are on SOP as per authority. We will say opt out option should be there inter city too. For nov exam, if you are unable to appear in one paper and if rules say if group has to be reattemtped then you can do it in november

Sr Adv Meenakshi Arora: the new syllabus came in 2018. we are trying to get your sympathy saying we are not attempting to avoid the exam

SC: You may end up in getting nothing

Arora: i will leave it here then (laughs)

#icaiexams
@anubha1812
@iDivyanshTiwari
@hardikgautam

SC: 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.

#icaiexams
@anubha1812
@iDivyanshTiwari
@hardikgautam

Arora: students are travelling and they will appear

SC: there should be complete option to students whether to opt out or not. once that option is there what other argument is available to you

#icaiexams
@anubha1812
@iDivyanshTiwari
@hardikgautam

Justice Dinesh Maheshwari: so far genuine covid issues are concerned we are looking into it. in the name of covid we cant expand the scope so much

Justice Khanwilkar: most of you are repeaters and the syllabus is of 2017.

Arora: what about the candidate who tests positive in the midst of exams?

Justice Maheshwari: if you have to appear in entire group you have to appear. covid has to be treated as an ailment. covid cannot be used to tweak the rules

Justice Khanwilkar: ICAI has to maintain discipline

Bansuri Swaraj Adv: ICAI has given us an alternate cycle in Nov 2020 exam we will be humbled if that is given to us for those who opted out

Adgaonkar: ICSI is holding exams from July 10 and the opt out option is unconditional

#icaiexams
@anubha1812
@iDivyanshTiwari

SC to Shashibhushan Adgaonkar: we will dismiss your plea if you are comparing two institutions. same points cannot be argued in a new fashion

SC to ICAI: If one opt out then let them appear in November.

ICAI: We had offered opt out option last time and 4.5 lakhs opted out since general opt out option was given and thy did so after appearing in the last paper too and took advantage of the scheme.

ICAI, Sr Adv Ramji Srinivasan: we bow down to the issue of COVID difficulties.

SC: So far as opt out is considered you are giving it to inability but there is disability too if the family is suffering from covid and then also they can opt out.

Justice Khanwilkar: if he himself is covid affected or his family then its inability and disability both

ICAI: the medical certificate which has to be given can be of any family member

Justice Maheshwari: we said COVD RELATED PROBLEMS not he or she

Justice Maheshwari: It cannot be restricted to the candidate. It can be any covid related problems.

ICAI: You said authority has to be identified for the certificate. we say any doctor. We will say it's the candidate or his family member. The certificate can mention either

ICAI: We are okay with either the candidate or his family members suffering from covid related complications. This will ensure students just don't walk out from the examinations

Justice Maheshwari: when we are saying you are not even listening

Justice Maheshwari: we have to finalise the order now.

Justice Khanwilkar: we will be directing you now

ORDER

#SupremeCourt: We have confined our consideration to only preparing a scheme for opt out, ICAI in response to deliberation has submitted a note. in response to opt out it is state that:

#SupremeCourt: The ICAI note is not enough and needs to be expanded in following terms:

#supremecourt: 1. opt out facility to candidates who suffered covid or his family member in the recent past and certified by a medical practitioner and result of which the candidate is unable to disabled to prepare. they will be allowed to opt out

#supremecourt: & take the exam for old as well as be course in November 2021.

2. The candidate need not produce RT PCR report if medical certificate by registered medical practitioner fort himself or family member is accompanied with request for opting out

#supremecourt: 3. We are informed that candidates who are in containment zones can opt out and will not be treated as an attempt. That candidate will be able to appear in Nov, 2021 exams or earlier

#supremecourt: as regard to logistical arrangements and infrastructure at exam centre, ICAI shall ensure strict adherence to the SOP by competent authority including disaster management authority

#supremecourt: It is also verified that if any candidate while attempting exam contract covid due to which he is unable to appear in remaining paper will be allowed to opt out and will not be treated as attempt and can appear in November in the whole set

ICAI: The back up exams can be end of July too

SC: Then we will say only backup exams and not November.

#supremecourt #caexams

#Supremecourt: .... candidate can opt-out and appear in backup exams by ICAI as per the rules. In case of last minute change of exam centre,

#supremecourt: we disapprove the suggestion by ICAI that it will not be permitted to opt out if change of centre is within city. We direct that ICAI shall permit candidate to opt out in case of last minute change of centre which shall not be treated as attempt a

#SupremeCourt: and thereby such students will be allowed to appear in backup exams. opt out will be for within city too. we direct ICAI to do that.

ICAI intervenes: there may be some damage or containment zone issue

SC: That option of opt out will be with student. if as per your convenience you change centre candidate can opt out. you can force this upon the candidate.

#supremcourt #caexams

Sr Adv Arora: The students who appear rin new centre will require fresh admit cards as that will be needed to travel

#Supremecourt: this is micro management. what is this Mr Arora? we reject this argument. every small point cannot be addressed here

CA Matter over

#supremecourt: Plea disposed off in above terms

#icaiexams
@anubha1812
@iDivyanshTiwari
@hardikgautam
@BansuriSwaraj
#CAExams

#IMPORTANT

ICAI clarifies to @barandbench : A proposal to have back up exam in July end for a set of students who could not appear for the July 5 exams due to COVID or center-related issues is under consideration HOWEVER, THIS IS NOT TO BE CONFUSED WITH THE MAIN EXAM OF NOVEMBER

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

report by @DebayonRoy

#caexams #CAExams2021

@iDivyanshTiwari @hardikgautam
@anubha1812

Read full report: bityl.co/7b5C

The Court also made it clear that RT-PCR negative reports shall not be insisted upon as long as the candidate gets a medical certificate from a registered medical practitioner.

Read all about what Supreme Court ordered on upcoming CA Exams here: bityl.co/7b5R