- (1.) We have heard learned counsel for the parties.
(2.) Initially, multiple issues were agitated before us, but eventually, we have confined our consideration only to one aspect of making the comprehensive scheme for optout. The Institute in response to the deliberations in Court yesterday, has submitted a note in respect of the facilities, relaxations and arrangements for the candidates in the following terms: - JUDGEMENT_30_LAWS(SC)6_2021_1.html
(3.) In our opinion, the arrangement provided in clause No. 1 above in particular, is inadequate. Instead, it needs to be expanded in the following terms: (i) A candidate shall be entitled to exercise the option of opting out if he/she personally, or any of his/her family member, has suffered COVID-19 in the recent past and the fact is so certified by a Registered Medical Practitioner, as a result of which he/she is unable to appear in the ensuing examination or, for that matter, is disabled in preparing for the examination. That will not be considered as an attempt in the examination as such. Such candidate will be permitted to appear in the follow up (back up) examination, to be conducted for the old as well new syllabus, subject to conducive situation prevailing at the relevant time. We make it clear that the candidate need not produce RTPCR report if medical certificate issued by the registered Medical Practitioner for himself/herself or his/her family member is presented alongwith the request for opting-out. (ii) As regards candidates affected due to lockdown during the relevant period of examination, we are informed that the Scheme itself provides that such candidate will be entitled to opt-out and will not be treated as an attempt. That candidate would be permitted to appear in the back up examination, to be conducted by the Institute in due course. (iii) As regards the logistical arrangements at the examination centre, both in respect of infrastructure and human resource, the Institute shall ensure that there is strict adherence to the standard operating procedure notified by the competent authority, including the Disaster Management Authority. (iv) If any candidate is attempting examination and in the midst of that suffers from Covid-19 ailment, as a result of which, is unable to appear in the remaining subjects, would be entitled to opt-out and will not be treated as an attempt. He/she can appear in the back-up examination, to be conducted by the Institute, as per the rules as noted in aforementioned Note at Serial No. 5. (v) In case of last-minute change of examination centre, we disapprove the suggestion of the Institute - that if the change is within the same city, it will not be open to the candidate to opt-out. Instead, we direct that the Institute shall permit such candidate to opt-out in case, of last-minute change of examination centre, which will not be treated as an attempt in the examination and such candidate shall be permitted to appear in the back-up examination, to be conducted by the Institute at appropriate time, when the situation is conducive in that regard. ;