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Delhi High Court Directs Special Arrangements For Cancer Survivor In Delhi Higher Judicial Services Mains Exam 2019, Refuses Deferral

Live Law News Network

12 March 2021 2:39 PM GMT

    • Delhi High Court Directs Special Arrangements For Cancer Survivor In Delhi Higher Judicial Services Mains Exam 2019, Refuses Deferral

    Hearing a plea of a cancer survivor who moved the Court seeking deferral of the Delhi Higher Judicial Services (Mains) Examination 2019, until the Covid-19 vaccination of lawyers is complete, the Delhi High Court today directed for special arrangements to be made for the petitioner-lawyer who moved the court for his appearance for the exam. However, the court has refused his prayer...

    Hearing a plea of a cancer survivor who moved the Court seeking deferral of the Delhi Higher Judicial Services (Mains) Examination 2019, until the Covid-19 vaccination of lawyers is complete, the Delhi High Court today directed for special arrangements to be made for the petitioner-lawyer who moved the court for his appearance for the exam.

    However, the court has refused his prayer of postponement of the exam which is scheduled for tomorrow and the day after (i.e. March 13 & 14).

    The bench of Justices Anup Jairam Bhambhani and Sidharth Mridul refused to defer the exams citing potential harassment to the candidates who would have already arrived in the city for the exam, and the fact that the last examination of this order had taken place in 2017 - thereby putting the entire recruitment process at risk.
    Sr. Adv. Sidharth Luthra appearing for the petitioner pointed out that he is a 45-year old lawyer, whose past medical history classifies as comorbidity, putting him at a higher risk in respect of Covid-19. Sr. Adv. Sidharth Luthra was briefed by Advocate Kushal Kumar. 
    He further argued that due to the age limit for the exam being 45, the petitioner would not be able to appear for it next year, and that it also may be considered that he was one of the top-scorers in the Prelims.
    Luthra also pointed out that there were at least 25 other similarly placed candidates who were in favor of postponement of the examination on account of Covid-19.
    However, the Court refused the postponement, stating that just like the Petitioner was seeking an equitable remedy, equities also needed to be balanced - as the 282 candidates appearing for the exam and the exam conducting authority would have made all requisite arrangements for the same.
    The Bench directed the High Court administration to provide a separate room for him to participate in the examination.
    "Based on the concession made on behalf of the latter, we direct the examination branch to accommodate the petitioner in a separate room in the High Court premises, in which he may write the subject examinations in isolation, subject of course to an invigilator being present in the room", said the Court.
    Apart from this, the Court further directed that the petitioner be provided necessary medical assistance, if any, as may be required in view of his stated medical condition.
    Counsel for the High Court, Advocate Ankit Jain informed the Court that several precautionary measures were put in place by the High Court for the safe conduct of the examination.
    The Court has also directed the High Court administration to file its response to the petition challenging the Delhi Higher Judicial Service Main Examination, 2019 notice.
    The next date of hearing is May 5.
    It may be noted that the Delhi High Court on Tuesday (09th March) transferred this plea to the Division Bench of Chief Justice D. N. Patel and Justice Jasmeet Singh/

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    Delhi High Court Delhi HigherJudicial Services (Mains) Examination 2019Justices Anup Jairam Bhambhani
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