New Delhi: Observing that the scheme provided by the Institute of Chartered Accountants of India (ICAI) is not enough, the Supreme Court on Wednesday allowed a scheduled candidate to appear for the CA exam that will come to choose out if they or their family members suffer from Covid.
-19.
Judge Judge Am Khanwilkar, Dinesh Maheshwari and Aniruddha Bose also explained that a candidate does not need to produce RT-PCR (real-time reaction chain reaction – a real-time reaction) if a medical certificate issued by registered medical practitioners for him family members are produced together with requests to choose out.
“A candidate who suffers from Covid-19 personally or family members, so certified by a registered medical practitioner, as a result he cannot appear for exams, or defects from preparing the exam, have the right to exercise option options.
This will not be considered as an effort.
The candidate will be allowed to appear for the next examination for old and new syllabus, “Bench said.
With regard to the candidate affected by locking during the relevant test period, the APEX court said that according to the ICAI scheme, the candidate will be allowed to choose out and will not be treated as an effort and candidate will be permitted to appear in the next examination.
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“Regarding logistics settings, both infrastructure and human resources – wise, ICAI must ensure that there is a strict compliance with SOPs that are notified by competent authorities, including disaster management authorities.
“This is also clarified if there are candidates who are trying the exam gets Covid-19 during the exam, it will be allowed to choose out and it will not be treated as an effort.
They can provide a test the following year.
He might be allowed to appear in the backup test according to the rules , “Bench said.
The top court also said that in the case of changes in the last minute check center, it did not approve the advice of Icai that if it was in the same city, the candidate would not be allowed to opt out.
“We direct that candidates must be allowed to choose out and it will not be treated by us.
Such candidates can appear in backup when the situation is conducive,” he said.
Senior Advocate Meenakshi Arora, which appears for one of the applicants, said that some serious problems have not been resolved in the notes submitted by ICAI and it is not in line with what the peak court appears.
Arora called the RT-PCR report problem and said the candidate, who had to travel to various places to appear in the exam, may have suffered a previous Covid-19 but he had not fully recovered.
APEX court heard a collection of requests seeking different assistance including opt-out options for candidates, postponement of exams, and increasing the number of central this year.
During the previous hearing carried out through video conferencing, the bench was observed there was an instance where the RT-PCR test might be negative but the person showed a covid symptom.
ICAI recently said that the opt-out option will be given in the case of self-exam participants or family members (living in the same place) infected with Covid-19.
The bench said that the RT-PCR report should not be parameters and there must be competent authorities that have medical experience that can issue certificates to candidates who see problems related to Covid or Covid.
ICAI has been on Monday told the APEX court that it was the most conducive time to hold the CA exam as a spread of Covid-19 now at a far low level, offering the right moments for the accountants hired to advance their professional career.
It is said that the current Covid situation in this country is similar to when this court allows ICAI to conduct an examination in November, 2020 and there is no reason to believe that it will not take adequate precautions.