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ICAI CA July Exam 2020: Supreme Court orders ICAI to be flexible on ‘opt out’ scheme, reissue fresh notification

ICAI CA July Exam 2020: Supreme Court of India on Monday ruled in favour of CA students and parents, who challenged ICAI’s decision regarding the ‘opt out’ scheme introduced for CA Exams scheduled to be held in July 2020(ICAI CA July Exam 2020).

The court was hearing an urgent petition filed by the India Wide Parents Association challenging the “opt out scheme”, and seeking more centres for CA exam.

Delivering its judgement today, the apex court directed ICAI to make ‘opt out’ scheme flexible and reissue exam notification with more clarify on this aspect.

ICAI CA July Exam 2020: Supreme Court orders ICAI to be flexible on 'opt out' scheme, reissue fresh notification

Opt Out Scheme Arbitrary, Unjust: Parents’ Association [ICAI CA July Exam]

The parents association had challenged the ICAI’s decision regarding the ‘opt out’ scheme as arbitrary and unjust for students. According to the notification issued earlier by ICAI with regards to CA Exam opt out scheme; students have to decide to opt out of the entire CA Exam 2020 that is scheduled to be held from 29th July 2020 to 16th August.

However, students were provided time until 30th June 2020 during which they had to take the final decision about opting out of the exam. The petitioner however argued that the COVID-19 pandemic situation was evolving every day with containment zones shifting daily. In such circumstances, it would be unfair for students to decide to opt out of exams so early.

In response to this, the counsel appearing on behalf of ICAI said that the ‘Opt Out’ scheme was launched in favour of students and the time-bound nature of the scheme will help institute gauge the number of students appearing for the exam and thereby make the necessary preparations for the same.

Students Who Don’t Appear to be Treated as Opted Out Says SC

After hearing the arguments from both the side, Supreme Court’s bench comprising of Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna to make the scheme more flexible as the situation with regards to the pandemic was really dynamic. The court also noted that the areas which are considered to be safe right now, with no cases, might be a containment zone tomorrow, making it difficult for student to appear for the exam. In such case, the opt-out scheme should allow students the choice to appear or not appear for the paper until the last day of the exam. The court noted that ICAI should treat all those students who do not appear for the July 2020 attempt as opted out. The bench also said that the option to change CA exam centre needs to be open till the last week before examination date.

Latest Update:

The matter is posted for next hearing on 2nd July 2020.

Opt Out ICAI CA July Exam 2020