LexVARAD BALWANT VASANT & ORS. versus UNION OF INDIA & ORS.
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[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. Digital Supreme Court Reports 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 numb
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