#SupremeCourt hears application seeking direction to conduct back up examination for the July attempt of the CA 2021 Examination before November 2021 #CAExams2021@pbhushan1
Justice AM Khanwilkar led bench hears the case
Adv Prashant Bhushan: Now they say back up exams can be taken when regular exams are held in November.
Justice Khanwilkar: So this order was passed in July?
@pbhushan1 : what will happen as a result is these people who could not take the exams in July and for whose benefit backup exam order was passed they will have lost one attempt of exam and syllabus will also change
Sr Adv Ramji Srinivasan: Let me assuage the concern there will be no loss of option to the ones who have opted out. We had stated that such candidates will b given back up exam option in November 2021
Justice Khanwilkar: they say option will be lost due to change of syllabus
Srinivasan: they say instead of keeping back up exams in Nov, let the exams be preponed and a separate exam be conducted for the opt out candidates. all facilities for opt out students will be available
SC: This is so that they have one more chance for the old syallbus. Only one more chance thereafter.
Srinivasan: I will go back and take instructions. ICAI has seen there are logistical arrangements thus we will stick to our cycle of May and November cycle.
Srinivasan: there are issue sins schools to vacate, getting examiners etc
SC: That is fine.. let them appear in Nov, but give them another attempt in next cycle as per old syllabus
Srinivasan: We would like to have consistency and regularity for exams and students for the November cycle
SC: What i am saying in the next cycle after November have another exam as per old syllabus. we will not disturb your current cycle
Bhushan: last year they did not have logistical issues. there were no great logistical arrangements
SC: If you are getting one more option it solves your purpose
Bhushan: every person who clears the exam are treated as graduates of a particular year and now they will be treated as pass outs of that year
SC: Please make representation to ICAI and then let us see what they say. Idea of back up last year was wrong they say ...
SC: You are interested in appearing in exam or finding fault with the institutes?
Bhushan: I am only interested in exams and my seniority
if they had complied with your order we would have passed this year itself. next year exams will be a problem
SC: We dont wish to continue the writ further in view of ICAI stand that all aspects brought before the institute will be taken note of provided its in consonance with the policy. we permit petitioner to make written representation to the Mr Ramji Srinivasan appearing for ICAI
SC: Mr Srinivasan has assured that the decision on suggestion will be taken in two weeks from now.
Srinivasan: I am only reassuring my friend in black and white. It is there in the notification.
Bhushan: that an extra attempt will be given in old syllabus
Srinivasan: Yes
Matter over
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SG Tushar Mehta: I need some time to prepare. Please grant me two to three days
Justice MR Shah: Please argue we will continue
Sr Adv Arvind Datar: there is a letter for adjournment
Justice Shah: we are not adjourning. Mr. Mehta this is an important issue and it has to be decided. Everyday speculation in newspapers. everything will end with the case
Justice Shah: Do you want to file a rejoinder Mr Mehta?
SG: Yes, my Lord
Justice Shah: we cannot compel you to file a counter. its a policy decision.