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The Institute of Chartered Accountants of India (ICAI) Monday knowledgeable the Supreme Court that the May cycle of CA examination, scheduled between July 29 and August 16, has been cancelled due to the COVID-19 pandemic. The counsel showing for ICAI instructed a bench comprising Justices A M Khanwilkar and Sanjiv Khanna that now the May cycle examination will be merged with the November 2020 cycle of the CA examination.
The apex courtroom was listening to via video-conferencing a plea which had challenged the ‘opt out’ choice supplied by ICAI alleging that it “arbitrarily” discriminate between the aspirants in May cycle of CA examination. The plea had additionally sought extra centres for the examination throughout the nation.
“In view of the additional affidavit dated July 6, 2020 filed by … ICAI, as the examination scheduled in July 2020 has been cancelled, nothing survives for consideration in the present writ petition,” the bench famous in its order.
Advocate Alakh Alok Srivastava, showing for the petitioner, identified to sure facets associated to the CA examinations.
The prime courtroom granted liberty to the petitioner to make a illustration earlier than the ICAI on this regard and stated that ICAI would determine it ideally inside 4 weeks after receiving the identical. “Although, we intend to dispose of this writ petition, liberty is granted to the petitioner to make a representation to the ICAI in respect of other suggestions/issues which be decided by the ICAI on its own merits and in accordance with law expeditiously, preferably within four weeks from receipt of copy of the representation. Ordered accordingly,” the bench stated, whereas disposing of the petition.
On June 29, the apex courtroom had stated that ICAI ought to be versatile in conducting exams amid the pandemic and care for concern of candidates.
It had steered that choice for change in examination centre ought to be made out there to the aspirants until the final week earlier than the scheduled exams.
It had noticed that scenario just isn’t static and constantly altering and the ICAI ought to be versatile on the problems of ‘opt out’ and alter of examination centre.
The ICAI’s counsel had earlier instructed the courtroom that out of round 3,46,000 registered aspirants, almost 53,000 have taken the ‘opt out’ choice.
The plea filed within the apex courtroom had alleged that ICAI had made an necessary announcement on June 15 by which it “arbitrarily decided to discriminate” between the aspirants by offering an choice of ‘opt out’. The ICAI’s counsel had instructed the courtroom that it has ensured that no prejudice is brought on to anyone by notification issued relating to the examination.
The petitioner, president of ‘India Wide Parents Association’, had claimed within the plea that ICAI has acknowledged that college students, who’ve already submitted on-line examination software for the May examination cycle, shall be allowed to ‘opt out’ and carry ahead their candidature to November 2020 examination cycle.
“It is respectfully submitted that Respondent No.1 ICAI has notified that for the students who choose opt-out option, this attempt (May 2020) will be treated as cancelled/not counted. Thus, such student will be deprived of the May, 2020, attempt, as compared to other group of students, who choose opt-in option,” the plea had stated, whereas looking for quashing of the announcement made on this regard on June 15.
“The said ‘opt-out’ option discriminates between those underprivileged group of CA students/ aspirants, who are living in remote areas of the country or living in the containment zones and thus are slated to lose one precious ‘examination attempt’ by choosing ‘opt-out’ option amidst ongoing COVID-19 pandemic, as compared to that privileged group of students/ aspirants, who are living in big cities/ green zones and thus they have no problem in appearing in the said examination,” it had stated.
It had stated that free transportation and lodging ought to be supplied to the aspirants close to their respective examination centres.
It had additional sought instructions to the authorities to conduct obligatory free COVID-19 take a look at of all aspirants and lecturers and staffs deployed on the examination centres.
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