28 Jun 2023 6:50 AM GMT
The Delhi High Court on Wednesday asked the Central Administrative Tribunal to decide expeditiously the plea seeking reduction in the cut off from 33% to 23% for qualifying Part II (CSAT) exam of 2023 Civil Services Examination conducted by UPSC last month.A vacation bench of Justice C Hari Shankar and Justice Manoj Jain refused the interim relief and disposed of a petition moved by a group...
The Delhi High Court on Wednesday asked the Central Administrative Tribunal to decide expeditiously the plea seeking reduction in the cut off from 33% to 23% for qualifying Part II (CSAT) exam of 2023 Civil Services Examination conducted by UPSC last month.
A vacation bench of Justice C Hari Shankar and Justice Manoj Jain refused the interim relief and disposed of a petition moved by a group of civil services aspirants against the Tribunal’s refusal to grant any interim relief.
“The Central Administrative Tribunal is requested to decide OA as expeditiously as possible. Needless to say, keeping in accordance with principles of natural justice. The petition is disposed of,” the court ordered.
On June 09, the CAT had issued notice on the plea seeking reduction in the cut off but refused any interim relief and listed the matter for hearing on July 06.
The candidates then moved the High Court submitting that the matter before the Tribunal will become infructuous by July 06. It was prayed that the UPSC be restrained from acting any further on the prelims results declared on June 12.
During the hearing today, Advocate Saaket Jain representing the petitioners took the court through the examination notification issued by the UPSC on February 01 and referred to the syllabus mentioned therein.
The court however remarked that the prayer to stay the entire examination and the recruitment cannot be granted.
“The Tribunal has not thrown out your case. It has issued notice on your OA. The matter is now listed on July 06. Your prayer... no court will pass an order staying the entire CSE 2023. It is an ex facie prayer which cannot be granted. There are plethora of judgments of Supreme Court,” the bench said.
It added: “Even if you are... because a stay is granted not only on a prima facie case and balance of convenience... Given the fact that even if hundreds of students go to court, the balance of convenience can never be on staying appointments. There are decisions which say that courts should not look on question papers.“
As Jain submitted that he was not touching upon the merits of the case and was only showing why the matter deserves an interim relief, Justice Shankar orally said:
“You are taking us through the notification. Then we will address it, then we will see whether questions are below syllabus. In a vacation bench we are doing it... you have started by going through syallabus, what is it if not merits?”
The court then disposed of the matter after Jain requested the court to pass an order directing the CAT to decide the case expeditiously. The prayer was not opposed by Advocate Naresh Kaushik who appeared for UPSC.
The petition before the High Court said that the matter affects lakhs of students across the country. “Since the result for the same has been declared on 12.06.2023, it is necessary that this matter be heard at the earliest," it added.
Title: Siddharth Mishra & Ors. V. UPSC
Citation: 2023 LiveLaw (Del) 533