[BREAKING] ICAI tells Supreme Court opt-out option in CA Exam for those who "recently suffered" from COVID or have after effects

Institute for Chartered Accountants of India (ICAI) has informed the Supreme Court that it is ready to extend Opt-out option with respect to the upcoming Chartered Accountant (CA) exam to those candidates (whether under the old or New Syllabus) who have recently suffered from COVID-19 or are yet to recover from the after effects of the same. .In a note submitted before the apex court, the ICAI stated that candidates seeking to opt out will have to produce a medical certificate issued by a registered medical practitioner certifying that he/ she has recently suffered from COVID-19 and is yet to recover. The certificate should bear the registered number of the medical practitioner. The certificate may be issued by District Medical Officer, Primary Health Centres, Government General Hospitals, Private Hospitals and Registered Medical Practitioners. .However, the ICAI made it clear that such medical certificate will be in addition to the relevant RT-PCR Report..This choice for opt-out is in addition to the current option for opt-out which is available in case the examinee or his family members residing in the same premises are infected with COVID-19 on or after June 21. 2021 till the completion of the Examinations. Further, opt-out will be given in case there are any last minute changes in the examination centre due to operational or logistical reasons,. However, this would be applicable only in case of inter-city change. No Opt-out option will be given where the change does not involve change of city.ICAI further submitted that it is not possible to waive off articleship since it is a way of on-the-job training to equip the students with the skills required in the practical aspects of the profession. "It is a statutory requirement as per the Regulation. There is flexibility of completion of articleship as per the discretion of the Principal professional under whom the student is undergoing training. Therefore, it is not possible for complete waiver of the articleship," the note said. .In response to a query from the Court regarding ensuring COVID safety among staff and invigilator, the ICAA submitted that all the invigilators, supervisors at the examination venue will have to wear the masks and maintain social distancing. Further, all the examination functionaries shall carry ‘No Risk Status’ in Aarogya Setu App installed in their Mobile, it added. .The ICAI submitted the note after a Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose asked ICAI to come up with a policy where a competent authority can issue a certificate explaining why a COVID-19 positive student cannot appear for the upcoming Chartered Accountant (CA) examinations..The Court had earlier today made it clear that it will not postpone the CA exam scheduled for July. The Court, however, said that it will pass order granting opt-out and proceeded to ask ICAI to come up with the policy. .Appearing for the petitioners today, Senior Advocate Meenakshi Arora pointed out the difficulty in obtaining RT-PCR positive test reports for students who cannot give the exams on account of COVID-19."Candidates have to travel from all across the country to appear for exams. These students who live in containment zones may not be able to take the RT-PCR tests. ICAI has not looked at problems being faced by students."She further pointed out that the upcoming CA exams were the last opportunity to appear as per old syllabus..[BREAKING] Supreme Court says will not postpone CA exam 2021; Will pass order tomorrow on granting opt out after ICAI agrees to give 2nd chance .The Supreme Court is seized of at least 3 petitions relating to CA exam 2021. A petition by one Sathya Nayaran Perumal sought directions to the Institute of Chartered Accountants of India (ICAI) to allow an additional attempt to any candidate who fails to appear in the July 2021 CA exams in view of COVID-19 restrictions.The plea by Perumal, filed through Advocates Divyansh Tiwari and Hardik Gautam, made it clear that they are not seeking any postponement, cancellation or deferment of the exams.A plea by Anubha Srivastava Sahai sought postponement of the exams from July 6 to any later period when the COVID-19 situation normalizes, or until after teachers, students and invigilators are vaccinated. Sahai also prayed that candidates be given the choice to opt out.She also prayed for an extra attempt to be given to the candidates who are appearing for the intermediate and final exams under the old syllabus..[Read ICAI Note]