Extra Attempt In UPSC Mains For Candidates Who Missed It Due To COVID Can't Be Considered, Centre Tells Supreme Court

On the pleas seeking relaxation in terms of one additional attempt at the civil services examination by those who could not appear in the Mains on account of COVID, the UOI has told the Supreme Court that the demands raised by the petitioners in the cannot be considered, that there is no merit in the case either in law or on facts and the said writ petition is liable to be dismissed by the court."The existing age range for admission to the CSE is 21 to 32 years with relaxation for certain categories of candidates. The permissible number of attempts is also six with relaxation for certain categories of candidates.Thus, the existing rules provide for fair opportunities to the aspirants to make an attempt at this examination to secure a placement in case one attempt is lost due to some exigency", the Centre has stressed.Is it possible to give a one-time relaxation for civil service exam candidates who missed the mains exam this year due to COVID-related restrictions, the Supreme Court on Monday asked the Union of India and the Union Public Service Commission.The bench of Justices A. M. Khanwilkar and A. S. Oka asked Additional Solicitor General Aishwarya Bhati and UPSC's counsel Advocate Naresh Kaushik to also obtain clarity as regards the applicable rules and regulations.In its latest affidavit, the government of India in the Department of Personnel and Training has submitted before the Court, "The civil services examination is conducted by the Union Public service commission annually in accordance with the CSE rules notified by the Department of personnel and training every year for a particular CSE. Based on the notification issued by the DOPT, UPSC advertises examination notice on the same date of notification of rules for conducting CS (preliminary) examination inviting applications from the candidates. The CSE rules contain details regarding two stages of the examination, namely, preliminary and Main examination (written and interview/personality test) followed by the medical examination of the candidates which also includes eligibility criteria like age limit, number of attempts, reservation benefits to entitled categories, etc"It is further submitted that the CSE rules 2021 were notified on 4 March 2021 and on the same day the examination notice for CSE 2021 was advertised by the UPSC. Rule 3 of CSE rules 2021 had the provisions of number of attempts allowed in the CSE as a part of the eligibility of candidates for all categories which is as under: "Number of attempts 3. Every candidate appearing at the examination who is otherwise eligible shall be permitted six attempts at the CSE. However, relaxation in the number of attempts will be available to the SC/ST/OBC and PwBD category candidates who are otherwise eligible. The number of attempts available to such candidates as per relaxation is as under: unlimited for SC and ST, 9 for OBC, 9 for GL/EWS/OBC in the PwBD category and unlimited for SC/ST in the PwBD category""Rule 1 of the CSE rules 2021 had the following provisions: 'The CSE 2021 will be conducted by the commission in the manner prescribed in appendix 1 to these rules. The date on which and the places at which the preliminary examination and main examination of CSE 2021 will be held shall be fixed and notified by the commission…'", it has been indicated.It further advanced that the examination notice for CSE 2021 was advertised by the UPSC on 4.3.2021 with the scheduled Date of the preliminary examination on 27.6.2021, while the CS (Main) written examination was scheduled to commence from 17.9.2021. It is pointed out that however, the CS preliminary examination 2021 could not be held on the scheduled date due to restrictions imposed in the wake of the second wave of the COVID-19 pandemic and the same was rescheduled on 10.10.2021. The CS Main written examination 2021 was also rescheduled to commence from 7.1.2022. The same has since been held by the UPSC as scheduled and concluded on 16.1.2022."The decision regarding conduct of CSE on particular date falls under the domain of the UPSC. All the necessary arrangements for smooth conduct of CSE are ensured by the UPSC. Accordingly, all such arrangements for smooth conduct of CS preliminary and CS Main written examination 2021 have been made by the UPSC", reads the affidavit.It is submitted that the matter of compensatory/extra attempt has been adjudicated by this court in the past against the plea of hardships faced by aspirants due to COVID-19 pandemic but the same was not granted. This court by its judgment dated 24.2.2021 in Rachana v. Union of India had held: "we do not find substance that any concession either in attempt or age is not available under the scheme of rules 2020, at the same time, proposal which has been placed by the first respondent before us apart from complaint made inter-se by the petitioner/interveners themselves of being discriminatory in character, we are also of the view that it is advisable to avoid the situation and...

Extra Attempt In UPSC Mains For Candidates Who Missed It Due To COVID Can't Be Considered, Centre Tells Supreme Court

Mehal Jain

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