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SC asks ICAI to be flexible & consider allowing students to 'opt-out' even during exams

The ICAI seeks time till July 2 to issue fresh guidelines for current cycle of CA exams
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Tribune News Service

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New Delhi, June 29

Amid the COVID-19 situation, the Supreme Court on Monday asked the Institute of Chartered Accountants of India (ICAI) to be flexible and consider treating candidates unable to appear in CA examinations scheduled between July 29 and August 16 as ‘opt-out’ candidates.

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If a candidate, who didn’t opt-out, was unable to appear in the examination due to prevailing COVID19 situation, he/she should be given the same benefit as provided to those who opted out, a Bench headed by Justice AM Khanwilkar said.

The ICAI should be flexible in conducting examinations during the pandemic and take into account concerns of candidates.

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The option for change in examination centre should be made available to the aspirants till the last week before the scheduled examinations it suggested.

The ICAI’s counsel said he would place before the court a draft notification to address the concerns of candidates.

The Bench posted the matter for hearing on July 2 and said that the ICAI should also keep in mind MHA guidelines with regard to exams to be conducted by different boards such as the CBSE.

The top court was hearing a petition challenging the ‘opt-out’ option, alleging it was “arbitrarily” and discriminated between the aspirants in the May cycle of the CA examinations.

Noting that the situation was not static and was constantly changing, the top court said the ICAI should be flexible on the issues of ‘opt-out’ and change of examination centre.

“Even if a candidate has not chosen the opt-out option and he suddenly come under a containment zone, what will you do? You should treat candidates who do not appear as opt-out cases,” it said.

The option for change in the examination centre should be given until last week considering the fact that an area might become a containment zone due to the COVID-19, it said.

Petitioner’s counsel Alakh Alok Srivastava said there should be one examination centre per district. Out of around 3,46,000 registered aspirants, only 53,000 have taken the ‘opt-out’ option, he added.

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