A PIL filed in SC against CA Exam to be held in July
A Public Interest Litigation (PIL) has been filed in the Supreme Court by Adv. Anubha Shrivastava Sahai – President India Wide Parents Association Lawyer and Child Rights Activist against the July 2021 CA Exams that are scheduled to commence from 5th July 2021.
Considering the adverse effect of the second wave of the COVID-19 pandemic, 987 students across 20 states and 3 UTs have approached the Supreme Court seeking several relief measures for students of the CA course including the “Opt-Out Facility” that was given to students during the November 2020 exams.
Adv. Anubha Shrivastava Sahai – President India Wide Parents Association Lawyer and Child Rights Activist tweeted as follows
“16. PRAYER: In view of the above, the humble Petitioner most respectfully prays that this Hon’ble Court may graciously be pleased to: A. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to Quash and Set aside the arbitrary and discriminatory Important Announcements dated 05.06.2021 (Annexure P-8) issued by the Respondent No.2 ‘CAI with respect to the Chartered’ Accountants Examinations, May 2020 cycle which is not having “Opt Out” option and issue new notification providing opt out option for those willing to opt out before and during exam and carry forward all the benefits; and/or
B. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents herein to give an extra chance/extension, Opt-Out to those students who are appearing for Intermediate and, Final Course examination under old syllabus;
C. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents herein to increase the number of Examination Centres of the captioned CA Examinations, May 2021 cycle, so as to provide at least one Examination Centre in every Districts of India and to conduct examination in a staggered manner; and/or
D. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents herein to grant fresh option to choose Examination Centre to each such aspirant/ student, pursuant to increase in the number of said Examination Centers, without prejudice to the Centre already opted by him/her in lieu of the Important Announcements dated 05.06.2021 which is available from 9th July 2021 till 11 th July 2021; and/or
E. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents herein to provide Free Transportation and Free Accommodation to the desirous students/ aspirants of the captioned CA Examinations, May 2021 Cycle during the period of 6th July, 2021 to 20th July, 2021 for Intermediate and Final course and 24th July, 2021 onwards for Foundation course candidates near their respective Examination Centers; and/or
F. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents herein to issue necessary orders/ guidelines to the concerned authorities to treat the e-Admit Cards issued to the students/ aspirants of the instant Examinations, as E-passes enabling free movement of such students in all zones, including in containment zones, during their said Examinations; and/or
G. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents herein to provide for at least one stand-by Examination Centre in a nearby location, for those Examination Centres, which are likely to go into containment zone during the period of 06th July, 2021 to 20th July, 2021and 24th July, 2021 onwards; and/or
H. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents herein to conduct mandatory free COVID-19 Tests of all the students/ aspirants and also of the teachers, invigilators and staff deployed at the Examination Centres; and also vaccinate them and start vaccination drive and/or
I. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents MHA and MoHFW to forthwith formulate and lay down separate, exclusive guidelines for conducting the said CA Examinations; and/or
J. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents declare the results within a time limit and atleast 7 days before the commencement of next exam/cycle and to immediately grant other reliefs, as detailed out in the aforesaid Grounds of the captioned Writ Petition, which are not being reiterated for the sake of brevity and to avoid prolixity; and/or Or
K. As an alternate prayer, Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents that if adherence to the aforesaid COVID-19 safety measures and vaccination , is not possible by the Respondents, then the Respondent No.2 ICAI be directed to postpone the instant Chartered Accountants Examination scheduled to commence from 06th July, 2021 to any subsequent period, post normalization of COVID-19 crisis and till the completion of vaccination of the students/aspirants, invigilators and other staff but the said exam of May 2021 Cycle should not be taken along with November 2021 Cycle Exam; and/or
L. Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE PETITIONER AS IS DUTY BOUND SHALL EVER PRAY.”
The Institute of Chartered Accountants of India has not yet responded to the PIL and is all set to conduct the CA Inter and Final Exams from 5th July 2021 onwards, while the CA Foundation Exam is scheduled from 24th July onwards. In fact, earlier this week, ICAI President assured that the institute is expecting a “Conducive Atmosphere” around 5th July for holding the exams.
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