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TMI Blog2024 (9) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... th of May 2024. None of the other dates, for which the examinations are scheduled, conflict in any way, or are even proximate, to the dates on which the elections are to be held. The respondent has, therefore, been proactive and ensured that the right of the candidates, who are to undertake the examinations, to cast their votes, is not affected by conducting of the examinations. The scheduling of the examination has been so done as to ensure that an individual candidate is able, should she so desire, to cast her vote and undertake the examination. No more can be expected of the respondent. It is for the individual candidates now to work out their schedules, and adjust their itineraries accordingly. The petitioners are less than fair to the security administration in place, in their rather bleak prediction that there is likely to be chaos, commotion and violence during elections. General elections are periodically held, and the Court has, given past experience, no reason what so ever to doubt the capacity, or the capability, of the security machinery in place, to ensure that the elections take place in a free and fair atmosphere. The comparison between candidates who are undertaking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioners, advanced the following submissions to justify his prayer for postponement of the examination: (i) Several other institutions, which are conducting similar examinations, including the UPSC have, keeping in mind the forthcoming general elections, postponed the examinations. (ii) There have been instances in the past in which such postponement has taken place. This clothes the petitioner with the legitimate expectation that, even this year, the examinations would be postponed. (iii) Insistence on conducting the examinations on the dates presently scheduled, would impact the petitioners right to vote guaranteed under Article 326 of the Constitution of India. (iv) Though there are over 800 districts in India, only about 35% of the said districts have notified centres, where the examinations can be undertaken. The students, who are located in the said districts, have, therefore, to travel to the concerned centres from outside districts. Given the chaos that is bound to ensue during the elections, such students may find it difficult to reach the concerned examinations centres in time and undertake the examinations. (v) Some of the candidates, who have to undertake the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date who hails from Guwahati, he submits, would have to travel back on the date of the election to Guwahati and return to Pune to undertake the examination, which would place her in a disadvantageous position vis- -vis the candidate who is a resident of Pune. This, he submits, violates Article 14 of the Constitution of India. (x) Mr. Srivastava also alleges violation of Article 14 of the Constitution of India between the candidates undertaking the examination this year vis- -vis candidates who have undertaken the CA Intermediate and Final Examinations in earlier years when no such elections were held. They, therefore, did not suffer the disabilities, which the candidates this year would be suffering. (xi) Article 21 of the Constitution of India, has already been pressed into service, to contend that the candidates would not venture outside at the time when the examinations are to be held for fear of violence. Requiring them to undertake the examinations, therefore, violates their fundamental right to life enshrined in Article 21 of the Constitution of India. (xii) Scheduling of the examinations at a period during which some of the candidates may not be able to under take the examin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resident who is scheduled to undertake her examinations at Pune, Mr. Srinivasan submits that to factor in such candidates as well, the ICAI had provided a window of three days between 27 and 29 March 2024, should they so choose, to select a centre, to undertake the examinations, which was closer to their hometown or the place where they would be on the day of elections. Many candidates, he submits, actually availed the said option and rescheduled their examination centre/venue. If a handful of the candidates have not done so, they cannot implore this Court to interfere with the schedule of the examinations for that reason. Analysis 10. Ubi jus, goes the adage, ibi remedium. A remedy can only follow a right. The hope that the law can be a panacea for every difficulty faced by every citizen in this country, though a cherished ideal, must remain, at the end of the day, Utopian. 11. The mere fact that certain individual candidates may face a hardship in undertaking it cannot constitute the basis for this Court to derail the entire CA Intermediate, or Final, examination, which presently is to be undertaken by as many as 4,36,246 candidates. Indeed, this Court is surprised that such a re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tend to ensuring that candidates have places to stay and adequate boarding and lodging facilities during examination time. Such arguments can hardly constitute the legitimate basis to reschedule an examination of the magnitude of the CA Intermediate and Final Examinations. 17. Insofar as the argument that loudspeakers and other disturbances may come in the way of the candidates studying for the examinations, is concerned, it need hardly be stated that candidates, who are undertaking an examination such as CA Intermediate and Final Examinations, are expected to be of a calibre which would enable them to diligently study for the examinations despite such external disturbances. In any event, these arguments, again, are founded on imponderables, which cannot be the basis for this Court directing rescheduling of the examinations. 18. There is obviously no similarity between the present case and the situation which arose during the period of COVID-19. No detailed discussion is required in that regard. The Lok Sabha elections which are to be scheduled in April and May 2024, cannot even remotely be likened to the situation in which the country found itself during the COVID 19 pandemic. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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