Varad Balwant Vasant vs Union Of India

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

WRIT PETITION (CIVIL) NO 255 OF 2024

Varad Balwant Vasant & Ors … Petitioners

Versus

Union of India & Ors … Respondents

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.

Signature Not Verified Digitally signed by Gulshan Kumar Arora Date: 2024.04.30 16:18:24 IST 4 Reason:

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 2

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 :

(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 3

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.

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.

…...…...….......………………....…CJI.

[Dr Dhananjaya Y Chandrachud]

…...…...….......………………....…..J. [J B Pardiwala]

…...…...….......………………....…..J. [Manoj Misra] New Delhi;

April 29, 2024 GKA 4

ITEM NO.15 COURT NO.1 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 255/2024

VARAD BALWANT VASANT & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(FOR ADMISSION )

Date : 29-04-2024 This petition was called on for hearing today.

CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA

For Petitioner(s) Ms. Madhavi Divan, Sr. Adv. Mr. Divyansh Tiwari, Adv. Ms. Aishani Narain, Adv. Mr. Sameer Choudhary, Adv. Mr. Nirnimesh Dube, AOR

For Respondent(s) Mr. Ramji Srinivasan, Sr. Adv. Mr. Pramod Dayal, AOR Mr. Nikunj Dayal, Adv. Ms. Namrata Saraogi, Adv.

UPON hearing the counsel the Court made the following O R D E R

1 The Writ Petition is dismissed in terms of the signed reportable order.

2 Pending applications, if any, stand disposed of.

(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR) AR-CUM-PS ASSISTANT REGISTRAR

(Signed reportable order is placed on the file)