Varad Balwant Vasant & Ors. v. Union of India & Ors.
Order
1. The Chartered Accountant Examination for the Intermediate and
final course is due to commence on 2 May 2024 and end on 17
May 2024.
2. The bone of contention in these proceedings under Article 32 of
the Constitution pertains to two examinations which are scheduled
to be held on 8 May 2024 and 14 May 2024. The grievance is that
phase-wise polling during the General Elections is scheduled to take
place on 7 May and 13 May 2024 and hence, the convening of the
examination on the above two days (one day after the phase-wise
polling) will cause severe hardship to candidates.
3. Ms Madhavi Divan, senior counsel appearing on behalf of the
petitioners submitted that though there are 816 districts, there
are only 290 centres where the examination is being held, as a
consequence of which serious hardship may be caused to students
coming from remote areas.
4. A petition which was instituted before the High Court of Delhi was
dismissed on 8 April 2024. However, independent of that, we have
considered the grievance to assess whether a cause of action
warranting the grant of relief has been established.
5. On behalf of the Institute of Chartered Accounts, it has been
submitted by Mr Ramji Srinivasan, senior counsel that :
Varad Balwant Vasant & Ors. v. Union of India & Ors.
(i) As many as 4,36,246 candidates have been enrolled for the
ensuing examination;
(ii) Though 291 cities have examination centres, there are 591
centres across India to facilitate the convenience of students;
and
(iii) The Institute of Chartered Accountants has not scheduled
the examination either on the day of polling or a day prior to
polling days.
6. The scheduling of examinations essentially pertains to the policy
domain. At the same time, bearing in mind the importance of the
obligation which is cast upon every citizen to exercise their franchise,
we have independently assessed whether the examination schedule
will cause a dislocation for students who would are eligible to
exercise their franchise and are enrolled for the examination. The
number of centres is 591, spread across not only cities but other
parts of the country as well. No examination has been scheduled
on polling days or on a day prior. Over 4,36,000 candidates have
enrolled for the examination. The grant of any relief at this stage
would cause substantial prejudice.
7. Ms Madhavi Divan, senior counsel appearing on behalf of the
petitioners submitted in the alternative that an option may be given
to students who are unable to appear for the examinations which
are scheduled on 8 and 14 May 2024 to take the examinations in
a subsequent batch.
8. We find considerable force in the submission which has been urged
on behalf of Institute of Chartered Accountants that such a course
of action would not be fair because it will allow some students to
opt out of certain papers and take them in the ensuing examination.
This will cause prejudice to those students who have to be assessed
on the basis that they have taken all the papers at one and the
same time. The arrangements that were made during the course
of the COVID 19 pandemic stand on a completely different footing
since the country was then faced with a public health crisis of
unprecedented proportion. The relief as sought is contrary to the
regulations and cannot be granted.
536 [2024] 5 S.C.R.
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9. Bearing in mind all the above circumstances, we are not in a position
to accede to the request of the petitioners for the grant of relief.
10. The Writ Petition is accordingly dismissed.
11. Pending applications, if any, stand disposed of.