VARAD BALWANT VASANT & ORS.versusUNION OF INDIA & ORS.

           [2024] 5 S.C.R. 533 : 2024 INSC 459

               Varad Balwant Vasant & Ors.
                             v.
                   Union of India & Ors.
             (Writ Petition (Civil) No 255 of 2024)
                           29 April 2024
[Dr Dhananjaya Y Chandrachud, CJI, J B Pardiwala
             and Manoj Misra, JJ.]

                     Issue for Consideration
Re-scheduling of two papers of Chartered Accountant Examination
sought in the wake of General Elections of 2024. In view of the
obligation cast upon every citizen to exercise their franchise, whether
the examination schedule will cause a dislocation for students
eligible to exercise their franchise and enrolled for the examination.

                             Headnotes
Education/Educational Institutions – Chartered Accountancy –
Examination – Re-scheduling of two papers sought – Phase-
wise polling during the 2024 General Elections was scheduled
to take place on 07.05.2024 and 13.05.2024 – Chartered
Accountant Examination for the Intermediate and final course
were to be held between 02.05.2024 and 17.05.2024 – Re-
scheduling of two papers scheduled to be held on 08.05.2024
and 14.05.2024 sought contending that convening of the
examination one day after the polling will cause severe
hardship to candidates – Whether the examination schedule
will cause a dislocation for students eligible to exercise their
franchise and enrolled for the examination:
Held: Scheduling of examinations essentially pertains to the policy
domain – Number of centres is 591, spread across not only cities
but other parts of the country as well – No examination scheduled
on polling days or on a day prior – Over 4,36,000 candidates
enrolled for the examination – The grant of any relief at this stage
would cause substantial prejudice. [Para 6]

                         List of Keywords
Chartered Accountancy; Chartered Accountant Examination; Re-
scheduling of papers/examination; Re-scheduling of Chartered
Accountant Examination; General Elections of 2024; Examination
after the polling; Hardship to candidates.
534                                                        [2024] 5 S.C.R.

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                             Case Arising From
       CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 255 of
       2024
       (Under Article 32 of The Constitution of India)
                          Appearances for Parties
       Ms. Madhavi Divan, Sr. Adv., Divyansh Tiwari, Ms. Aishani Narain,
       Sameer Choudhary, Nirnimesh Dube, Advs. for the Petitioners.
       Ramji Srinivasan, Sr. Adv., Pramod Dayal, Nikunj Dayal, Ms. Namrata
       Saraogi, Advs. for the Respondents.
                 Judgment / Order of the Supreme Court
                                    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 :
[2024] 5 S.C.R.                                                         535

            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.


       Headnotes prepared by: Divya Pandey                Result of the case:
                                                      Writ Petition dismissed.