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2021 Supreme(SC) 866

SUPREME COURT OF INDIA
A.M. Khanwilkar, Dinesh Maheshwari, Aniruddha Bose, JJ.
Anubha Shrivastava Sahai - Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition(s) (Civil) No(s). 640/2021
Decided On : 30-06-2021

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

Points Of Law : Arrangement provided in clause No. 1 - Candidate need not produce RTPCR report if medical certificate issued by the registered Medical Practitioner for himself/herself or his/her family member is presented alongwith the request for opting-out.

Headnote:

Constitution of India, 1950 - COVID-19 – Certified by Registered Medical Practitioner - Candidate shall be entitled to exercise option of opting out if he/she personally or any of his/her family member has suffered COVID-19 in recent past and fact is so certified by Registered Medical Practitioner as result which he/she is unable to appear in the ensuing examination or for that matter is disabled preparing for examination.

Finding of The Court :

Candidate is attempting examination and in midst of that suffers from Covid-19 ailment as result of which is unable to appear in remaining subjects would be entitled to opt-out and will not be treated as an attempt - He/she can appear in back-up examination to be conducted by Institute as per rules as noted in aforementioned Note at Serial - Case of last-minute change of examination centre court disapprove suggestion of Institute - Change is within same city it will not be open to candidate to opt-out.

Result : Petition disposed

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 production of Medical Certificate issued by Registered Medical Practitioner that the candidate has recently suffered from COVID-19 and is yet to recover. The Certificate should bear the registered number of the Practitioner.

The Certificate may be issued by District Medical Officer, Primary Health Centres, Government General Hospitals, Private Hospitals and Registered Medical Practitioners.

Such medical certificate will be in addition to the relevant RT PCR Report.

2.

SOP re. Examination Centres.

ICAI submits that all the Examination Centres shall follow Government guidelines relating to Covid-19 strictly to ensure health and safety of the examinees. Seating areas shall be adequately sanitized and disinfected. Adequate gap between the candidates shall be maintained. Hand sanitizer would be made available at the Examination venues.

Only schools, colleges and other academic institutions have been chosen to be Examination Centres. Marriage Halls, Banquet Halls etc., have not been hired for the purpose of the Exam.

3.

Examination Functionaries

ICAI assures that all the Invigilators, Supervisors at the Examination Venue 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.

4.

Last Minute change of Examination Centres.

In case there are any last minute changes in the Examination Centres due to operational or logistical reasons, the candidates would be given an option to opt-out of the Examination only in case of inter-city change. No Opt-out option will be given where the change does not involve change of city.

5.

Examination in Groups of Papers.

The Scheme of the Examination envisages that a candidate has to appear and qualify in two sets of subject Groups both in Inter and Final.

If the Opt-out option is exercised while the Examinations are in progress, the candidate has to re-appear in all the papers that constitute a Group as per the requirements of the Chartered Accountants Regulations, 1988. However, if the candidate has appeared in all the Papers that constitute a Group, there is no need to appear in the said Group once again if he/she passes that Group.

6.

Waiver of Articleship period.

Articleship 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

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