Extra Attempt In UPSC Mains For Candidates Who Missed It Due To COVID Can't Be Considered, Centre Tells Supreme Court

"The existing age range for admission to the CSE is 21 to 32 years with relaxation for certain categories of candidates. The permissible number of attempts is also six with relaxation for certain categories of candidates.Thus, the existing rules provide for fair opportunities to the aspirants to make an attempt at this examination to secure a placement in case one attempt is lost due to some exigency", the Centre has stressed.

It is further submitted that the CSE rules 2021 were notified on 4 March 2021 and on the same day the examination notice for CSE 2021 was advertised by the UPSC. Rule 3 of CSE rules 2021 had the provisions of number of attempts allowed in the CSE as a part of the eligibility of candidates for all categories which is as under: "Number of attempts 3. Every candidate appearing at the examination who is otherwise eligible shall be permitted six attempts at the CSE. However, relaxation in the number of attempts will be available to the SC/ST/OBC and PwBD category candidates who are otherwise eligible. The number of attempts available to such candidates as per relaxation is as under: unlimited for SC and ST, 9 for OBC, 9 for GL/EWS/OBC in the PwBD category and unlimited for SC/ST in the PwBD category"

"Rule 1 of the CSE rules 2021 had the following provisions: 'The CSE 2021 will be conducted by the commission in the manner prescribed in appendix 1 to these rules. The date on which and the places at which the preliminary examination and main examination of CSE 2021 will be held shall be fixed and notified by the commission…'", it has been indicated.

It further advanced that the examination notice for CSE 2021 was advertised by the UPSC on 4.3.2021 with the scheduled Date of the preliminary examination on 27.6.2021, while the CS (Main) written examination was scheduled to commence from 17.9.2021. It is pointed out that however, the CS preliminary examination 2021 could not be held on the scheduled date due to restrictions imposed in the wake of the second wave of the COVID-19 pandemic and the same was rescheduled on 10.10.2021. The CS Main written examination 2021 was also rescheduled to commence from 7.1.2022. The same has since been held by the UPSC as scheduled and concluded on 16.1.2022.

"The decision regarding conduct of CSE on particular date falls under the domain of the UPSC. All the necessary arrangements for smooth conduct of CSE are ensured by the UPSC. Accordingly, all such arrangements for smooth conduct of CS preliminary and CS Main written examination 2021 have been made by the UPSC", reads the affidavit.

It is submitted that the matter of compensatory/extra attempt has been adjudicated by this court in the past against the plea of hardships faced by aspirants due to COVID-19 pandemic but the same was not granted. This court by its judgment dated 24.2.2021 in Rachana v. Union of India had held: "we do not find substance that any concession either in attempt or age is not available under the scheme of rules 2020, at the same time, proposal which has been placed by the first respondent before us apart from complaint made inter-se by the petitioner/interveners themselves of being discriminatory in character, we are also of the view that it is advisable to avoid the situation and any relaxation which is not permissible either in attempt or age under the scheme of rules 2020 apart from being in contravention to the rules, it may be discriminatory and it is advisable not to exercise discretion in implementing what is being proposed by the first respondent in compliance of the order of this Court dated 30th September, 2020. The data furnished to this court by the commission clearly indicate that the selections have been held by the commission for central services in the year 2020 during Covid 19 pandemic and selections must have been held by state commissions and other recruiting agencies, if this court shows indulgence to few who had participated in the examination 2020, it will set down precedent and also have cascading effect on examinations in other streams, for which we are dissuaded to exercise plenary powers under article 142 of the Constitution. Consequently, the petition fails and is accordingly dismissed"

The affidavit indicated that subsequently in Abhishek Anand Sinha's case and Lavanya's case, this court by its order dated 22.7.2021 had held that "the petitioners have made an unsuccessful attempt of persuading us to take a view that the issue raised in the present writ petition is not covered by the decision of the three-judge bench of this Court in Rachana's case. According to the writ petitioners, they form a separate class- as they were forced not to appear in the examination on the given dates on account of directions issued by the local authorities under the disaster management act, 2005, including the general directions regarding isolation of COVID-19 patients and family members of Covid 19 patients...Although we may have full sympathy with the petitioners and similarly placed students, for the difficult situation and the resultant consequences, they may suffer, but the issues raised by them, in our opinion, are covered by the decision of this court in Rachna's case. The only indulgence that can be shown to the petitioners is to allow them to make a representation to the appropriate authority who may consider all aspects of the matter and take a lenient view in the light of the prevailing situation at the relevant time, If so advised…"

It is further submitted that after the order dated 22.7.2021, a number of representations were received in the Department of personnel and training putting forth the same demand of extra/compensatory attempt referring to the order dated 22.7.2021 of this court- "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 is also submitted that any relaxation to age limit and number of attempts due to COVID-19 pandemic could lead to similar demands being made by the other categories 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"

"The civil services Main written examination 2021 has been successfully conducted by the UPSC at 24 centres on the scheduled dates during the period from 7 January 2022 to 16 January 2022 throughout the country following due COVID-19 protocols which did not mandate making any separate arrangement for Covid infected candidates. Incidentally, citing the incidence of Covid 19, a writ petition was filed before the High Court of Delhi by Shri Rajat Jain pleading for the deferment of this examination. The writ petition was dismissed by judgment dated 6.1.2022 by the High Court observing: 'The next grievance made before us is that the candidates who were COVID-19 patients must be allowed to appear in the examination with separate arrangement, in the concerned sub centre/centre. It is not possible to accede to such a general request. As a matter of fact, the medical SOPs require that any person who has contracted Covid 19 shall remain in isolation and quarantine for the relevant period. He is not expected to move out in public. For, such candidates may expose other candidates in the concerned examination centre/sub- centre to the risk of being infected, which is certainly avoidable. We need not dilate on this aspect any further except to note that the arrangements are directed to be made by the UPSC to ensure separate sitting arrangement for candidates having symptoms of ailments like cold and cough", it has been submitted.