A bench of Justices AM Khanwilkar and CT Ravikumar also questioned the applicant as to why he has filed a Miscellaneous Application (MA) in a writ petition which was already disposed of by the apex court.
“We refuse to entertain this application. It will be open to the applicant to draw the attention of the competent authority to make necessary amendments, if and when necessary,” the bench said. The counsel appearing for the applicant told the bench about the November 8 notification issued by ICAI mentioning the guidelines for examination centres, examination authorities and candidates appearing for the CA examinations of December 2021 in view of the ongoing COVID-19 pandemic. Was.
“How can you file MA? This is a real prayer. You are questioning some circular.
The counsel appearing for the applicant said that this is a circular to carry forward the order passed by the apex court on June 30.
On June 30, the top court had allowed candidates to appear for the CA exam, which was scheduled to be held in July, to opt-out if they or their family members are suffering from COVID-19.
It had passed the order in June while hearing petitions seeking various reliefs, including an opt-out option for candidates, postponement of exams and increase in the number of centers this year.
During the hearing on Monday, the counsel appearing for the applicant said that now the examination is to be held in December, taking forward the direction of the apex court.
“The situation was different in June 2021, now the situation is different and it is an emerging situation,” the bench said, adding, “We are not here to regulate everything.”
The counsel submitted that the November 8 notification did not contain any implied exit plan.
“You need not worry. The officers are more worried than you.”
The top court said that if the applicant is aggrieved by any substantive decision taken by the competent authority, he can challenge it in an independent proceeding.
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