Plea In Supreme Court Seeks Postponement Of Haryana JS (Mains) Exam-2021 On Ground Of Clash With MP Civil Judge (Pre) Exam Date

A Writ Petition has been moved before the Supreme Court seeking postponement of Mains Examination of Haryana Civil Service (Judicial Branch)- 2021 in view of its clash with the date announced for conducting the Preliminary Exam of Madhya Pradesh Civil Judge, Junior Division (Entry Level) Exam-2021.

The Mains Examination of HCS (Judicial Branch)- 2021 is scheduled to be held from May 6, 2022-May 8, 2022, which coincides with the date of the Preliminary Exam of Civil Judge, Junior Division (Entry Level) Exam-2021 scheduled to be held on May 6, 2022

16 Candidates (including Nisha Kumari) who have qualified Preliminary exam of HCS (Judicial Branch) Pre Exam 2021 have moved the Supreme Court seeking postponement and rescheduling of the Mains Examination in a manner so as to ensure that the same does not coincide/clash with the MP CJ's Preliminary Exam-2021 being conducted by the Madhya Pradesh High Court. Around 3300 are stated to be affected due to this decision of the HPSC.

The petition, moved through AOR Pratima Nain Lakra was mentioned before the Chief Justice of India for urgent listing. The CJI agreed to list the matter next week. The case is listed on Monday.

Averments in the plea

The plea states that due to the announcement issued by the HPSC, the petitioners are likely to be prejudiced and their right to participate in the Madhya Pradesh Judicial Services will be infringed and an irreparable loss and injustice will be caused to the petitioners.

They have contended that when HPSC decided to change the dates from April 22, 2022-April 24, 2022 and to May 6, 2022-May 8, 2022, the dates of the MPHC's Civil Judge pre-examination was already in the public domain.

The plea also submits that the HPSC should have been more cautious while fixing the new dates and it was their duty to not choose a date that was already occupied by the  Madhya Pradesh High Court.

It has also been averred in the plea that this is the very last chance for some of the candidates to take the Madhya Pradesh Judicial Services examination, but their whole preparations, hopes, and aspirations would be wasted as they will be indirectly debarred to sit in either of the exams.

The plea also submits that a plea filed regarding this very issue has already been dismissed by the High Court of Punjab and Haryana, the order of which, has not been uploaded yet.

Against this backdrop, the petitioners have sought the following relief from the Supreme Court:

- Direction to quash the notice dated 30.03.2022 issued by HPSC and directing the Respondents to postpone the mains exam of Haryana Civil Services (Judicial Branch);

- Direction to HPSC to postpone the Main Exam of Haryana Civil Services (Judicial Branch) from 06.05.2022 (the date of Madhya Pradesh Judicial Services Preliminary Exam) to any other date except 15.05.2022 (the preliminary exam date of Gujarat Judicial Services)

- Direction to the Respondents to fix a fresh date that doesn't clash with any other State's Judicial Services Exams.

It is also relevant to note that an application seeking intervention in the instant writ plea has been moved by one Raghav Gumber (who was the petitioner before the Punjab and Haryana High Court) and 40 others through AOR Namit Saxena.

In this IA, it has been stated that the rights and interests of the applicants have been affected and a fair opportunity of participation is being snatched away from them, which is strictly against the law of the land.