'Candidates Will Have To Make A Choice': Gauhati High Court Dismisses Plea To Change APSC Mains Exam Date Clashing With UPSC IFS Exam

Update: 2022-02-16 04:58 GMT
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The Gauhati High Court has dismissed a writ petition seeking change in the schedule of the Assam Public Service Commission (Mains) examination, as the same is clashing with the UPSC Indian Forest Service (IFS) examination, to be held on 27.02.2022.The division Bench of Justice Sudhanshu Dhulia and Justice Soumitra Saikia noted that APSC has bonafide, practical reasons to not change the dates...

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The Gauhati High Court has dismissed a writ petition seeking change in the schedule of the Assam Public Service Commission (Mains) examination, as the same is clashing with the UPSC Indian Forest Service (IFS) examination, to be held on 27.02.2022.

The division Bench of Justice Sudhanshu Dhulia and Justice Soumitra Saikia noted that APSC has bonafide, practical reasons to not change the dates and as such, the Court cannot interfere in the matter.

The Commission had expressed its inability to postpone the date citing logistical, financial and other difficulties. This included:

-APSC will not get required venue after 27/2/2022 i.e. on weekdays as Government of Assam has already decided to start the regular classes w.e.f. 15/2/2022. 

-Answer-cum-Question booklets for the CCME, 2020 have already been received from printing press as per venue, and any change of the same would be detrimental to the confidentiality of the examination system.
-All arrangements for venues have been finalized and e-admission certificates have already been issued to the candidates.
The Court observed that such difficulties outweigh the difficulties of the five candidates who filed the present writ petition.
"They (candidates) definitely will have to make a choice whether to appear in the examination conducted by the APSC or the IFS examination conducted by the UPSC. On balance, however, we find that there are good grounds not to pass any direction to the APSC for change of dates, as the logistical, financial and other difficulties which will be faced by APSC in the event we change the date of examination from 27.02.2022 to any other date, far outweigh the difficulties of these five candidates. The rest of the prayers, in any case, are not of a nature on which an interference is being called, i.e. the manner of setting questions, etc.," it observed.
The writ also challenged the pattern of question papers proposed by the Commission for the said examination, however, the Court in its order dated 11.02.2022 held that it did not propose to interfere in the matter at this stage when the examination is to be conducted from 21.02.2022.
Accordingly, the High Court dismissed the writ petition as it found to have no merit.
Case Name : Bikas Borah & 10 Ors. v. State of Assam and 7 Ors.
Citation: 2022 LiveLaw (Gau) 12

Case No.: 812/2022

Date : 14.02.2022
Corum : Justice Sudhanshu Dhulia and Justice Soumitra Saikia



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