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2021 Supreme(SC) 866

A.M.KHANWILKAR, DINESH MAHESHWARI, ANIRUDDHA BOSE
Anubha Shrivastava Sahai – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Ms. Meenakshi Arora, Senior Advocate, Mr. Divyansh Tiwari, Advocate, Mr. Hardik Gautam, Advocate, Mr. Nirnimesh Dube, Advocate, Mr. Shashibhushan P. Adgaonkar, Advocate, Mr. Ravibhushan P. Adgaonkar, Advocate, Mr. Gagandeep Sharma, Advocate, Mr. Rana Sandeep Bussa, Advocate, Ms. Ruchi Rathi, Advocate, Ms. Bansuri Swaraj, Advocate, Mr. Siddhesh Kotwal, Advocate, Ms. Ana Upadhyay, Advocate, Ms. Manya Hasija, Advocate and Mr. Nirnimesh Dube, Advocate, for the Appellant; Mr. Ramji Srinivasan, Senior Advocate, Mr. Pramod Dayal, Advocate, Mr. Nikunj Dayal, Advocate and Mr. Shivkrit Rai, Advocate and Ms. Rajshree Chaudhary, Advocate, for the Respondent

ORDER

1. We have heard learned counsel for the parties.

2. Initially, multiple issues were agitated before us, but eventually, we have confined our consideration only to one aspect of making the comprehensive scheme for optout. The Institute in response to the deliberations in Court yesterday, has submitted a note in respect of the facilities, relaxations and arrangements for the candidates in the following terms: -

S.No

Issue

Submissions of the Institute

1.

Opt-out facility to the candidates.

Currently Opt-out option is given in case the examinee or his family members residing in the same premises are infected with COVID-19 on or after 21.06.2021 till the completion of the Examinations on production of COVID-19 positive RT PCR Report.

In addition to the above, the Opt-out option shall also be extended to those candidates (whether under the Old or New Syllabus) who have recently suffered from COVID-19 or yet to recover from the after effects of the COVID-19 and consequently unable to appear in the Examinations on pro

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