Additional try in UPSC civil companies examination not attainable, Centre tells SC

By PTI

NEW DELHI: The Centre on Friday advised the Supreme Court that further try within the Union Public Service Commission (UPSC) civil companies examination is “not possible”.

The apex courtroom is listening to a plea filed by three aspirants who had cleared the UPSC 2021 prelims examination however couldn’t seem in all papers of the principle examination after testing constructive for COVID-19 and at the moment are in search of an additional try to look within the exams.

“We have filed an affidavit. Additional attempts are not possible. We have considered that,” Additional Solicitor General Aishwarya Bhati, showing for the Centre, advised a bench of Justices A M Khanwilkar and A S Oka.

The UPSC had just lately advised the highest courtroom there isn’t any provision for holding re-examination in case a candidate fails to look within the take a look at on the scheduled date for any causes, together with ailment or accident incapacitating him to take the examination.

During the listening to on Friday, Bhati mentioned the Centre has filed an affidavit within the matter.

The bench mentioned it might hear the matter on March 28 and requested the apex courtroom registry to circulated the affidavit together with the paper e book of the case.

In its affidavit, the Centre has mentioned that the Civil Services Examination (CSE) is performed by the UPSC yearly in accordance with the CSE Rules notified by the Department of Personnel and Training (DoPT) yearly for a selected CSE.

It mentioned the matter of compensatory/additional try has been adjudicated by the apex courtroom previously in opposition to the plea of hardships confronted by the aspirants because of the COVID-19 pandemic, however it was not granted.

The affidavit referred to the judgement and order handed by the highest courtroom final yr in February and July 2021 on separate pleas. It mentioned after the July final yr order, quite a few representations had been acquired within the DoPT placing forth the identical demand of compensatory/additional try.

“The matter has been considered and it has not been found feasible to change the existing provisions regarding number of attempts and age-limit in respect of the CSE,” it mentioned.

The Centre mentioned that any rest to age-limit and variety of permissible makes an attempt as a result of COVID-19 pandemic might result in comparable calls for being made by different classes of candidates.

“It will also impinge on the chances of other candidates who are eligible as per the existing provisions because it will increase the number of candidates competing with such candidates. It will also lead to the similar demands by the candidates of other examinations conducted all over the country,” it mentioned.

The affidavit mentioned the present age vary for admission to CSE is 21 to 32 years with rest for sure classes of candidates and the permissible variety of makes an attempt can also be six with relaxations for sure classes of candidates.

While in search of dismissal of the petition, it mentioned the present guidelines present for truthful alternatives to the aspirants to make an try at this examination to safe a placement in case one try is misplaced as a result of some exigencies.

Meanwhile, the petitioners have additionally filed a rejoinder affidavit in response to the affidavit filed by the UPSC within the matter.

The petitioners have mentioned they didn’t fail to look within the examination on their very own volition and had been pressured to not seem in view of the rules laid down by the Ministry of Home Affairs and Ministry of Health and Family Welfare which particularly require an individual affected by COVID-19 to bear obligatory quarantine and isolation.

They have mentioned that beforehand in 2014 and 2015, DoPT gave further try as a result of sudden change within the syllabus.

The rejoinder affidavit, filed by advocate Shashank Singh, mentioned the petitioners are entitled to a compensatory try rather than their missed final try as a result of COVID-19 and absence of coverage for them.

In its affidavit filed within the apex courtroom, the UPSC has mentioned that any choice relating to age rest and compensatory/additional try within the civil companies examination is a “policy matter” which falls underneath the area of the DoPT.

While two of the three petitioners needed to depart the principle examination, held from January 7 to 16, in-between after showing in some preliminary papers, the third aspirant couldn’t seem in any of the papers as a result of COVID.

The petitioners have mentioned that they examined constructive for COVID-19 within the RTPCR take a look at studies dated January 13, 14 and January 6 respectively.

The plea has mentioned the petitioners couldn’t take the UPSC mains examination after testing constructive for COVID-19 and owing to the restrictions imposed underneath the strict quarantine tips of the federal government.

“Also, there was absence of any kind of policy of UPSC which could provide arrangements for such petitioners who were COVID positive during the span of mains examination or before it,” it mentioned.

“The petitioners are approaching this court under Article 32 and seeking a direction to the Respondent/ UPSC to extend them an additional (extra) attempt to appear in the examination or in alternate, make some arrangement to appear in the rest of papers which the petitioners could not give before the publication of result of civil service mains examination 2021,” the plea mentioned.

It claimed that absence of coverage and no association to accommodate COVID-19 constructive petitioners to look within the civil service mains examination 2021 have violated their rights, together with that of underneath Article 14 (equality earlier than legislation) of the Constitution of India.