Supreme Court Permits 5 Civil Service Aspirants Who Cleared Mains But Were Disqualified For Submitting Degree Certificate Late To Attend UPSC Interview

In an extraordinary move, the Supreme Court on Friday allowed five civil service candidates who cleared the UPSC civil service main examinations held this year, but were disqualified for submitting the degree certificates after the cut-off date, to appear for the interview.A bench comprising Justices AM Khanwilkar and Sanjiv Khanna passed this direction as a "special case" considering the fact that the candidates missed the last date as their universities declared their results late due to the COVID-19 pandemic.The bench clarified that this will not be treated as a precedent. Further, the Court clarified that this order will not disturb the already published list and that these 5 candidates will be in addition to the candidates already short-listed for interview. The Court noted that the UPSC had allowed 12 candidates, who had cleared the preliminary examinations, to appear for the main examinations even though they had not produced the qualifying examination certificates along with the Detailed Application Form-I. The UPSC allowed them to attend the main examination on an undertaking to produce the certificates. Later, the UPSC cancelled their candidature for not submitting the proof of passing the qualifying examination before the prescribed the last date.Today, the counsel for the UPSC informed the bench that 5 of the above said 12 candidates have cleared the main exams. Although only four of such candidates were the petitioners in the case, the Supreme Court allowed the fifth person also to attend the interview. Yesterday, the bench had asked the UPSC counsel to inform today the exact number of such candidates.Advocate Tanya Shree appeared for the petitioners and Advocate Naresh Kaushik appeared for the UPSC.The bench observed in the order as follows :"Considering the peculiar situation in which petitioners were placed due to the Covid situation and reasons beyond their control inasmuch as the university could not declare the results of the exams conducted in August 2019 until December 2020, coupled with the fact that the petitioners and similarly placed persons were permitted to appear in the main examination, it would be inequitable at this stage to deny them the opportunity of continuing with the UPSC examination".The Court said that it was passing the order in exercise of plenary powers under Article 142 of the Constitution, by treating this as a special case, and hence the order should not be treated as a precedent.As per the norms, the candidates had to submit the proof of passing the qualifying exam along with the Detailed Application Form-I (DAF-I), which had to be submitted before November 23, 2020. The results of the petitioners' final exams were declared by their respective universities after the said cut-off date. However, the UPSC allowed them to appear in the Mains exam, held in January 2021, on the basis of an undertaking. Before the actual date of the mains exams, the petitioners' university results came declaring them qualified. Court room exchangeThe case witnessed a gripping hearing yesterday with the bench initially tilting in favour of the petitioners, then turning against them after the submissions of the UPSC, and finally indicating an intention to allow the candidates who have cleared the mains to attend the interview as an exceptional measure, if the numbers are less.Advocate Tanya Shree, appearing for the petitioners, informed that when the preliminary examinations were held on October 4, 2020, the results of the final exams of the candidates had not been declared by their respective universities. Therefore, they were allowed to participate in the preliminary exams on an undertaking. The results of the preliminary exams were declared on October 23, 2020 and the petitioners cleared the same.As per the civil service examination rules, the candidates are required to produce the proof of qualifying examination while submitting the Detailed Application Form (DAF-I) for the mains exams. The cut-off date for this was November 23, 2020. Even on that date, the results of the petitioners were out. However, the petitioners were allowed to appear for the mains exams held in January 2021 on an undertaking. Meanwhile, their university results came and they were declared pass.Later, the UPSC informed them that their candidates have been cancelled for not submitting the proof of educational qualifications by the cut-off date, and their results of mains were withheld.Advocate Tanya Shree argued that the candidates had a "legitimate expectation" that their candidatures will be accepted as they were allowed to appear for mains exams. The delay in results happened because of the pandemic circumstances, which were beyond the control of the petitioners.The bench at first expressed agreement with the petitioners."Is UPSC reasonable in rejecting the candidature of civil service aspirants for not submitting degree certificates at time of application, after allowing them to appear for the Mains exam?", ...

Supreme Court Permits 5 Civil Service Aspirants Who Cleared Mains But Were Disqualified For Submitting Degree Certificate Late To Attend UPSC Interview

Radhika Roy

The Court passed this direction as a "special case" considering the fact that the candidates missed the last date as their universities declared their results late due to the COVID-19 pandemic.

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