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TMI Blog2024 (9) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... rmitted only to repeat the paper in which she, or he, was unable to appear. Admittedly, this prayer is in the teeth of the rules applicable to the CA Intermediate and Final Examinations, which require a student, who is unable to appear in any particular paper of the said examination to repeat the entire examination. 4. The prayers in the writ petition are essentially predicated on the forthcoming Lok Sabha General Elections, scheduled to be held on 19th and 26th April and on 7th, 13th, 20th and 25th of May and 1st June 2024. Petitioners' submissions 5. Mr. Srivastava, learned Counsel for the petitioners, advanced the following submissions to justify his prayer for postponement of the examination: (i) Several other institutions, which are conducting similar examinations, including the UPSC have, keeping in mind the forthcoming general elections, postponed the examinations. (ii) There have been instances in the past in which such postponement has taken place. This clothes the petitioner with the legitimate expectation that, even this year, the examinations would be postponed. (iii) Insistence on conducting the examinations on the dates presently scheduled, would impact the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that case, there is no reason why, given the legitimate request of the petitioners, a few days deferment of the examinations cannot be permitted in this case. (ix) Conducting of the examinations on the dates presently scheduled would also infract Article 14 of the Constitution of India. Mr. Srivastava has, to justify this argument, sought to hypothesize a situation in which there are two candidates who are studying for the examinations in coaching centres located in Pune and whose examination centres are also located in Pune, one of whom may happen to hail from Guwahati and other from Pune itself. The candidate who hails from Guwahati, he submits, would have to travel back on the date of the election to Guwahati and return to Pune to undertake the examination, which would place her in a disadvantageous position vis-à-vis the candidate who is a resident of Pune. This, he submits, violates Article 14 of the Constitution of India. (x) Mr. Srivastava also alleges violation of Article 14 of the Constitution of India between the candidates undertaking the examination this year vis-à-vis candidates who have undertaken the CA Intermediate and Final Examinations in earlie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 25th May and 1st June 2024) with the dates when the CA Intermediate and Final Examinations are to be held (2nd to 5th, 8th to 11th and 14th to 17th May and 20th, 22nd, 24th and 26th June 2024), Mr. Srinivasan points out that care has been taken to ensure that there is no examination held on 6th, 7th 12th and 13th May 2024, so as to enable the candidates, should they so choose, to cast their votes and return in time to undertake the examinations. Mr. Srinivasan also cites a decision of the Supreme Court in Dr. R. Dinesh Kumar Reddy v. Medical Counselling Committee (MCC) 2022 SCC OnLine SC 616. 9. Apropos the hypothetical Guwahati resident who is scheduled to undertake her examinations at Pune, Mr. Srinivasan submits that to factor in such candidates as well, the ICAI had provided a window of three days between 27 and 29 March 2024, should they so choose, to select a centre, to undertake the examinations, which was closer to their hometown or the place where they would be on the day of elections. Many candidates, he submits, actually availed the said option and rescheduled their examination centre/venue. If a handful of the candidates have not done so, they cannot implore this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bt the capacity, or the capability, of the security machinery in place, to ensure that the elections take place in a free and fair atmosphere. 15. If, despite this, an individual candidate chooses not to venture out during elections, that is her, or his, personal decision. The schedule of the CA examinations cannot be adjusted to suit the choices and predilections of individual candidates. 16. Other considerations, such as non-availability of hotels, transportation, possible disturbances in the areas, and such other arguments, are mere imponderables. Candidates have to make adjustments. The respondent's duties and responsibilities cannot extend to ensuring that candidates have places to stay and adequate boarding and lodging facilities during examination time. Such arguments can hardly constitute the legitimate basis to reschedule an examination of the magnitude of the CA Intermediate and Final Examinations. 17. Insofar as the argument that loudspeakers and other disturbances may come in the way of the candidates studying for the examinations, is concerned, it need hardly be stated that candidates, who are undertaking an examination such as CA Intermediate and Final Examinations ..... X X X X Extracts X X X X X X X X Extracts X X X X
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