Supreme Court Stays Holding Of Haryana JS(Mains) Exam From May 6-8 Due To Clash With MP Judicial Exams

The Supreme Court on Wednesday stayed the holding of the Mains Examination of Haryana Civil Service (Judicial Branch)- 2021 from May 6 to May 8 in view of the clash with the date announced for conducting the Preliminary Exam of Madhya Pradesh Civil Judge, Junior Division (Entry Level) Exam-2021.

Taking note of the fact that the MP Judicial Service exam is being held on May 6, a bench comprising Justice Vineet Saran and Justice JK Maheshwari passed the interim order to postpone the Haryana exam.

The Court posted the matter to May 9 asking the Punjab and Haryana High Court to either inform the rescheduled dates or assist the Court in fixing the dates. The exams are conducted by the Haryana Public Service Commission and are overseen by a selection committee headed by a High Court judge.

The order was passed in a writ petition filed by Nisha and 15 other candidates (through AOR Pratima Nain Lakra) who had applied for both the Haryana and Madhya Pradesh exams, seeking postponement of the dates due to the clash.

The petitioners pointed out that the Haryana exam was originally fixed from April 22 to April 24, however, the same was postponed to May 6 - May 8 in view of the clash with the dates of the Delhi Judicial Service Exams. The petitioners, therefore, sought that the High Court should postpone the present dates as well in view of the clash with MP exams.

Senior Advocate PS Patwalia, appearing for the High Court, submitted that the decision to postpone the dates to May 6-8 was taken on March 25. It was three days later that the dates for Madhya Pradesh were announced. "If we keep on postponing dates like this, where will it end?", he asked. He highlighted that the exams related to 2021 process which should have over by October 2021 if not for the disruptions caused by the pandemic. 

The petitioners submitted that the official notification regarding postponement was published on March 30, two days after the announcement of the MP exam dates.

The bench asked if the dates could be postponed for Delhi exams, why can't it be done with respect to the MP exams.

"If you can do it once, why can't you do it again?", the bench orally asked.

The Bench also did not accept the argument of High Court that postponing of exams will cause administrative difficulties. The petitioners informed the bench that in 2015, the exams were deferred just 4 days prior to the announced dates.

"If you can do it in 2015, why not now also?", bench orally asked.

Patwalia submitted that out of the 3100 candidates who have qualified for the exam, the representation for postponement was made by around 370 candidates. "Only a fraction of the candidates want this", he submitted, pointing out that only 40 petitioners have approached the Court.

"We cannot accept this logic..", the bench orally said. The bench asked how many representations were received for deferring the original dates due to clash with Delhi exams. Patwalia submitted that he does not have instructions on the exact number.

The bench made its mind clear that the exams have to be postponed. It asked the senior counsel if they can be held from May 8 to 10. After taking instructions on this point, the senior counsel got back to the bench at 1 PM to inform that it will be impossible to hold the exams from May 8 to May 10 as finding centres would be difficult, these being working days for schools.

He suggested that the bench may for now stay the exams and the rescheduled dates could be decided later.

"In the facts and circumstances, it is directed that the Haryana Civil Service (Judicial Branch)- 2021 Mains exams scheduled for May 6-8 shall be stayed and shall be postponed", the bench stated in its order.

AOR Pratima Nain Lakra, the counsel for the petitioners submitted that the exam must not be rescheduled to May 15 as it will then clash with the Gujarat exams.

"We are not saying anything. Let them decide the dates. You give them a representation", the bench orally told the petitioner's counsel.

The Court was considering a writ petition filed by the candidates. The petitioner's counsel submitted that though the High Court had dismissed a plea seeking postponement on April 22, the order has not been uploaded to date. Therefore, the candidates were constrained to file the writ petition before the Supreme Court.

The petitioners before the High Court filed an intervention application in the writ petition. Senior Advocate Dama Seshadri Naidu and Advocate-on-Record Namit Saxena represented the intervenors, however, there no order has been passed regarding this application today.

Case Title: Nisha Kumari and Ors v. Haryana Public Service Commission and Anr| WP(C) 310/2022

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