Pleas Seeking Extra Attempt For Civil Service Exam On Account Of Covid: SC Directs Petitioners To Serve Copy Of Petition To UPSC & DoPT

The Supreme Court on Monday directed the petitioner(s) to serve an advance copy on UPSC & DoPT in a plea on behalf of 24 UPSC aspirants seeking an extra attempt in the civil service service examination in the year 2021.

A bench of Justices AM Khanwilkar, BR Gavai & Krishna Murari did not issue notice on the said plea but stated that they will hear the plea on next Monday after a Copy of the petitions has been served upon the concerned Respondents.

The petition states that an extra attempt is pertinent because their preparation has been severely disrupted on account of CoVID-19 situation and also because they will become age-barred next year.

"For the present year, the petitioners preparation has been disrupted on account of Covid-19 pandemic."

- Plea In SC

In this context, the petition has sought quashing of the decision dated September 9, 2020 of the Centre whereby, according to the averments, representations put forth on behalf of the petitioners' seeking grant of a one -time age and attempt relaxation in the Civil Services Examination 2021, have not been properly considered.

"It is submitted that all petitioners have/ will have crossed the maximum age prescribed for appearing in UPSC exam by the time the dates of UPSC Exam - 2021 are notified," the plea reads.

It is averred that the problems faced by the candidates have been duly recognised by the candidates in respect of their preparation in CSE-2020 in its Notice dated July 1, 2020 and an option of opting-out for students appearing in CSE-2020 was provided to candidates in order to prevent exhaustion of their attempts.

"However, while doing so, the UPSC failed to consider the position of persons like the Petitioners who cannot withdraw/opt-out unless and until they are also provided a one-time age relaxation"
- Plea In SC

It is contended that it was necessary to consider and grant the request for age-relaxation at this stage itself because depending on the relaxation give, the Petitioners would be in a position to forego their opportunity in the Civil Servies Examination of 2020.

In this backdrop, it is contended that the Respondents' failure to take any clear decision on the Petitioners' representation, the petitioners are unable to decide whether they can forego the Civil Services Exam of 2020 in order to appear with proper preparation in the Civil Services Exam of 2021.

"The Respondents have, therefore acted arbitrarily in violation of fundamental rights of the petitioners guaranteed under Article 14 of the Constitution," the petitioners state.

The Preliminary stage of civil service examination was conducted on last Sunday 4th October, 2020.

The Petition was filed on 30.09.2020 but could not get listed earlier.

The Petition has been filed by Advocate Atul Agarwal.

It will be argued by Senior Advocate P.S. Narsimha and Advocate Rohit Sharma, on behalf of the Petitioners.