Giving Extra Chance For A Few In UPSC Exams Will Have A Cascading Effect On Other Examinations :SC

The Supreme Court on Wednesday dismissed a writ petition seeking for an additional chance for Civil Services candidates who had exhausted their last attempt in October 2020 at giving the UPSC examination. The judgement, authored by Justice Ajay Rastogi, notes that the Petitioners had approached the Court for an additional attempt when they failed to achieve their goal of qualifying the Civil Services Examination, 2020, which had been held on October 4th, 2020, and were barred from attempting the exam in the future on account of exhausting of available attempts or due to the age bar. FACTS OF THE CASE It has been stated that, due to the COVID-19 pandemic, the UPSC had postponed the preliminary examination, which was to be held on 31st May, 2020, to October 4th, 2020. Objections had been submitted by several candidates and accordingly, UPSC allowed the candidates to submit their revised choice of examination centre and even extend the window for withdrawal of application. "The Court can take judicial notice of the fact that after a second opportunity was afforded to the candidates for withdrawal of the application, only such of the candidates were left who had made up their mind and were mentally prepared to appear in the ensuing preliminary examination which was scheduled to be held on 4th October, 2020". Pleas had also been filed seeking postponement of the examination and for relaxation in upper age limit as well as an additional attempt. However, the Court did not issue any directions to UPSC, but it did express the possibility of the same being explored by the concerned authorities. Post the examination, the candidates who had failed to qualify the exam approached the Court and the Court took note of the fact that decision pertaining to an additional attempt was still pending before the authority. On 5th February, a decision was taken by the Centre and placed for perusal "in which it was agree in principle to give one time restricted relaxation, limited to CSE 2021 to only those candidates who appeared in Examination 2020 as their last permissible attempt and otherwise are not age-barred from appearing in CSE 2021…". SUBMISSIONS The Petitioners had submitted before the Court that the "sudden and strict lockdown due to the unprecedented pandemic in March 2020" had disrupted the lives of a common man and had created impediments in the preparation of the aspirants, with many being rendered with no choice but to give the exam despite inadequate preparation, basic facilities and infrastructure. Arguments were made by Senior Advocate Shyam Divan who submitted that the Court had the power as well as the duty to relax the restrictions. Further, especially in the case of last attemptees, there was no choice left for them to leave the exam and take care of their health, but to sit for the exam "despite the lack of opportunity to prepare which is in violation of Article 14 and 21 of the Constitution of India". It had also been contended by the Intervenors that the decision to not provide relaxation to age-barred candidates was not a rational decision and no such classification could be made amongst the group of candidate who had appeared for CSE 2020, and that there was a need to take a holistic and lenient view of the situation, and that it would not affect the integrity of the examination. The Respondents, per contra, submitted that the syllabus of the examination has not changed since 2015, and that an examination of this nature is not possible for a candidate to prepare at the last moment. Further, going by the age-limit, a candidate appearing for their last attempt would have adequate experience. It was also to be noted that UPSC had already provided five additional months to prepare for the examination and to compensate for the hardships caused by the COVID-19 pandemic, and that granting an extra attempt would result in hardships being caused to those candidates who are appearing for CSE 2021, resulting in discrimination. These submissions were made by ASG SV Raju who opposed the granting of an extra chance for last attempt candidates in the CSE. WHAT DID THE COURT SAY? The Court observed that the question before them was whether the Petitioners/Intervenors and other similarly placed candidates are entitled to another/additional chance for CSE 2021 on account of the unprecedented COVID-19 pandemic. The Judgement states that while what is prayed by the Petitioners "in the first blush appears to be attractive but it lacks legal strength and foundation for various reasons". Present Petitioners' complaint cannot be taken into isolation The Judgement states that the State Commissions/recruiting agencies must have conducted their examinations/recruitment tests for various services and merely because the present Petitioners have made a complaint to the Court, their prayer cannot be taken...

Giving Extra Chance For A Few In UPSC Exams Will Have A Cascading Effect On Other Examinations :SC

Radhika Roy

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