Supreme Court Refuses to Interfere in ICAI Guideline Seeking Negative RT-PCR Report from Symptomatic Students
The Supreme Court of India in Anubhav Shrivastava Sahai vs Union of India & Ors – Writ Petition(s) Civil No(s). 620/2021, dismissed the interlocutory application seeking cancellation of guideline requiring negative RT PCR report from symptomatic students appearing for the December 2021 Chartered Accountancy examinations.
The bench of Justice AM Khanwilkar and Justice CT Ravikumar held:
We are not inclined to entertain the application. It will be open to the authorities to make amendments if and when necessary.
The petition was filed through Advocate on Record (AoR) as an interlocutory application in the case of Anubhav Shrivastava Sahai vs UOI (Writ Petition(s) Civil No(s). 620/2021, in which the Supreme Court held that the students may or may undertake for RT-PCR test for CA June 2021.
The ICAI in its guidelines, issued through a notification dated 08.09.2021, stated that students showing symptoms of cold, cough or fever have to provide a negative RT-PCR test report before entering the examination premise.
Stating the same as an obstacle in the process of appearing for the December 2021 exam an interlocutory application was filed stating:
Insistence on an RT-PCR report (within 72 hours) for the examination scheduled to be held from 05.12.2021 to 19.12.2021, is impracticable and unfeasible for the students preparing to write the exams as the examination cycle lasts for 15 days and not a single day stint and it is impracticable to get the RT-PCR report after every 2nd exam.
The petitioner stated that the CA December 2021 examination was the last chance for candidates to appear under the CA old course and to consider this pertinent request of the candidates who would be inconvenienced by this guideline.
The court studying the request, refused to the entertain the application and stated:
This has to stop now, we can’t encourage this. You can’t come by way of a MA & open the entire proceedings.
Accordingly, finding no merit in the application the case was dismissed.
Rasmita Behera | Research Intern | EduLegaL
Swapna Iyer | Legal Editor | EduLegaL