CA Exams 2021 to be held on July 5, opt-out facility to be provided, SC orders

CA Exams 2021: Supreme Court heard three petitions related to the postponement of CA Exams 2021 today. The final order has also been announced. Supreme Court has allowed ICAI to conduct exams on July 5. However, the court has also issued new directions. It can be checked below. Supreme Court also heard the matter on Tuesday and showed its inclination towards giving the CA aspirants an opt-out option. However, the court did not issue any official notification on Tuesday. 

CA Exam opt-out matter: Updates

The hearing commenced at around 12 noon today. Senior Advocate Meenakshi Arora appeared for one of the petitioners. Meenakshi Arora claimed, "The ICAI note is not in line with what the Supreme court had observed. The 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." She further said, "if a family member suffered from covid or passed away then that's an option too." On this, Justice Khanwilkar replied that the court has considered it too. 

Supreme court CA Exam: Travel issue

Senior Advocate Meenakshi Arora said that travel is an issue since the candidates have to travel far distances for centers. "On exam functionaries, they just say no risk status will have to be carried on the Aarogya Setu App," said Arora. On this, Justice Khanwilkar replied that is as per the disaster management act. He further said that let the SOP be in accordance with what the competent authority decides. Supreme Court acknowledging all the issues said you confine to opt-out option rest everything will be as per SOP by the competent authority. 

Change of Centre

Regarding the change of centre, Advocate Meenakshi Arora said that inter-city ICAI will allow but within city they won't. She further said that it is unfair that for ICAIs convenience the centre is changed but the student has already made arrangements to stay in a hotel or relatives. Supreme Court said that you can opt-out within the city too. 

ICAI Supreme Court Order: Highlights

SC said that the ICAI note is not enough and needs to be expanded in the following terms:

• 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 prepare. They will be allowed to opt-out & take the exam for old as well as be a course in November 2021.
• The candidate need not produce an RT PCR report if a medical certificate by a registered medical practitioner for himself or a family member is accompanied by a request for opting out
•  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
• As regard to logistical arrangements and infrastructure at the exam centre, ICAI shall ensure strict adherence to the SOP by competent authority including disaster management authority
• 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.
• We disapprove of the suggestion by ICAI that it will not be permitted to opt-out if the change of centre is within the city. We direct that ICAI shall permit candidates to opt-out in case of a last-minute change of centre which shall not be treated as an attempt and thereby such students will be allowed to appear in backup exams. Opt-out will be for within the city too, SC directed ICAI to do that.