SC grants time to ICAI to assess feasibility of conducting exams amid rising COVID-19 cases

The Supreme Court on Thursday granted time to the Institute of Chartered Accountants of India (ICAI) to contact all the exam centres to assess whether exams for May 2020 exam cycle can be held at all amid the growing COVID-19 pandemic, legal news website BarandBench.com has reported.

The Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna adjourned the hearing in the case till next week after the ICAI sought for time to contact exam centres across states to assess the possibility and feasibility of conducting CA exams for May 2020 exam cycle amid growing COVID-19 cases.

Today, at the outset, Senior Counsel Ramji Srinivasan representing the ICAI told the court that between the previous date of hearing and now, the number of COVID-19 cases pan-India has risen substantially. Many states have recorded a spike in the positive cases and therefore, the institute would require to assess if the exam can be held at this time at all.

In order to assess the situation on ground and the feasibility of holding exams, the institute sought time from the Supreme Court to contact various exam centres.

The court will hear the matter next week and the hearing in the case stands adjourned.

In the previous hearing, the institute had sought time from the court to frame new draft guidelines and rules for this cycle of exams and place it before the court.

The Bench, saying that the institute needed to be "flexible" at such a time, had asked it to consider extending the deadline for exercising opt-out option till the last week before exams.

"The change of centre should not be freezed but should be open for all till the end. Till the last week...You need to be flexible, you cannot be rigid," the Supreme Court said.

The court was informed then that the ICAI had made all provisions for safety and hygiene at all the exam centres and efforts would be made to accommodate students at different exam centres should the one they chose for falls within a containment zone.

The court, however, suggested that the opt-out option be extended for students till right before exams and the ICAI should place the new draft rules before it.

The CA exams for the cycle of May 2020 are scheduled to be held between July 29 and August 16. In relation to these exams, the ICAI had issued notifications on June 15 and June 20 notifying the "opt-out" option, which the petitioner contends is a highly discriminatory and arbitrary move.

In the plea, the petitioner urges the Court to quash the notifications regarding the opt-out option on the grounds that the same is in violation of the fundamental rights under Articles 14 and 21 of the Constitution of India.