THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
NOTICE TO CANDIDATES APPEARING FOR THE ICAI EXAMINATIONS – NOVEMBER,2020
The Institute has come across postings in the Social Media by some students stating that despite being tested Covid positive, they intend to appear for the CA Examinations – November, 2020.
It must be noted that such actions on part of the candidates would not only endanger the health and safety of other candidates and the examination personnel but also amounts to contravention of law and the directions of various authorities.
The Institute is wholly committed to wellbeing of its students who intend to appear in the ensuing examinations commencing from 21.11.2020. They need not entertain any apprehensions created by such elements.
It is imperative that the following be taken notice of in this regard:
1. The Ministry of Health & Family Welfare, the Government of India has issued SOP on preventive measures to be followed while conducting examinations to contain spread of COVID19 on 02.09.2020 [“SOP”].
As per the SOP, if a candidate is medically reported to be COVID-19 positive, he/she cannot be allowed to enter the examination center and appear for any examination. It must be noted that the SOP has been issued to contain the spread of COVID-19, which is an obligation of the Central Government under Sections 35 and 36 of the Disaster Management Act, 2005. Hence, any contravention of the SOP will be punishable under Section 51 of the Disaster Management Act, 2005.
2. If the candidates, who are medically reported to be COVID-19 positive, appear for the forthcoming examinations, such acts are culpable in nature by reason of being done with Mens Rea or criminal intention to cause harm to others and punishable under Sections 270, 278, and other associated provisions of the Indian Penal Code.
ICAI also issued Guidelines for Examination Centres, Examination functionaries and Candidates for November 2020 CA Examinations in wake of ongoing pandemic Novel Corona Virus (Covid-19), whereby inter alia the following was mandated:
“All candidates must ensure before reaching the examination centre that they do not have any symptom or suffering from COVID-19 disease.”
It is brought to the notice of all concerned that such of the persons who are involved in circulating, raising false alarm or severity or magnitude, leading to panic of covid-19 shall also be sternly dealt with under the provisions of section 54 of the Disaster Management Act by reporting the matter to the concerned authorities. Besides the above such rumor mongers or intimidators or persons threatening the candidates not to appear in the examination etc. shall also be dealt with appropriately in accordance with law.
All the candidates must take note that if they are suffering from COVID-19, they shall not appear for the forthcoming examinations and they would not be allowed to enter the examination center. Any contravention of this stipulation is punishable under the law.
Please note that if anyone is found indulging in false rumor mongering regarding disaster or severity or magnitude, leading to panic with respect to covid-19 shall be appropriately dealt with in accordance with law.