UPSC Civil Service Exams : Supreme Court Asks Centre To Consider COVID-Affected Candidates' Plea For Extra Chance In Mains Within 2 Weeks

The Supreme Court on Thursday asked the Union Government to consider a plea by civil service aspirants for an extra-chance in the UPSC Civil Services Mains Exam as they could not appear for it in January 2022 due to COVID-related problems, in the light of a Parliamentary Committee Report which recommended grant of relaxations to students affected by the pandemic.

The Court disposed of the writ petition by few civil service exam candidates seeking extra attempt in Mains by asking the Union to consider their representation in the light of the Parliamentary Committee Report within two weeks

A bench comprising Justices AM Khanwilkar, AS Oka and CT Ravikumar noted in the order :

"It is the case of the petitioners and intervenors that they have cleared preliminary examination but could not appear in the final examination due to being infected by COVID.This claim is supported by medical certificate.They have made presentations but have been rejected. Now they have relied on a Parliamentary Committee Report dated 24.03.2022 ....In light of the recommendation we dispose of the petition and application with the direction to appropriate authority to examine the representation within a period of two weeks. Having regard to the discretion bestowed in the authority under the Regulations...let the authority take a decision".

The bench clarified in the order that it has not expressed anything on the merits of the claim.

 On the previous hearing date (March 28), the Court had asked the Centre and the UPSC if it was possible to given a one-time relaxation to such candidates who missed mains due to COVID. In response, the Centre told the Court that it was not possible.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, submitted that there is no provision in the regulations to allow extra chance for a candidate who misses the exam due to any ailment. The ASG also said that allowing relaxation to COVID-affected candidates might open the floodgates of claims by other categories of persons and this will put the administration under great difficulty. The ASG also referred to the last year's decision in the Rachna case where the Court rejected a plea for extra chance in the UPSC preliminary exams on the ground of COVID affecting preparations. The law officer of the Union also referred to the decision in Abhishek Anand Sinha versus Union of India, where the Court disposed of a plea for age-bar relaxation by directing the Centre to consider the representation.

Senior Advocate Gopal Shankaranarayanan, appearing for the petitioners, submitted that the Rachna decision was distinguishable as it related to preliminary exam, whereas the present claim is with respect to the mains exam. More than 10 lakh candidates appear for the prelims, and the participation in mains is around 9000. The number of candidates who missed the exam due to COVID will be very less. He further submitted that the petitioners could have suppressed the information about the illness and attended the exam, but they chose to abide by the pandemic regulations and hence they should be given some consideration. It was also argued that the regulations allow discretion to the authorities to grant relaxations and a precedent of candidates who appeared in 2011 exam being given an extra attempt due to a syllabus change was cited. 

Advocate Prashant Bhushan, appearing for intervenors, placed reliance on the Parliamentary Committee report. It acknowledges student community affected by Covid and made a general recommendation to provide relaxation. "We are seeking this relief for a very narrow and specific category of candidates...they qualified for mains clearing the prelims attended by over 10 lakh candidates..for them, the mains is a matter of life and death", Bhushan urged.

On the earlier hearing date, the petitioners had submitted that they are seeking for an extra attempt in the Mains in the next year, as the results of the previous exam have already been published. It was highlighted that most of the petitioners had exhausted their final attempt in the last exam, as the appearance in prelims is counted as an attempt.

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