No Provision For Re-Examination For Civil Service Aspirants Failing To Appear In Mains Due To COVID : UPSC Tells Supreme Court

The affidavit has been filed by Joint Secretary, Examination Branch, UPSC in the petition preferred by civil services aspirants who missed out the papers of the UPSC Civil Services Main Examination due to COVID-19.

"That the Commission usually holds 13 examinations apart from several Recruitment Tests during a year. In respect of these examinations, there is no provision for holding re-examination in case a candidate(s) fails to appear in the examination on the scheduled date(s) for any reason including any ailment/accident incapacitating him or her to take the examination. In past, the Commission has not held any re-examination under similar circumstances," the affidavit states.

To Perform It's Constitutional Obligations To Supply Man Power To Government In Timely Manner To Fill Vacancies In Crucial Position It's Imperative For Commission To Follow Examination Schedule

It has further been stated in the affidavit that in order to perform its constitutional obligations to supply man power to the Government in a timely manner to fill the vacancies in the crucial positions, it is imperative that the Commission follows its schedules of Examinations which are prepared well in advance.

Contending that allowing re-examination would lead to different difficulty levels of question papers and linked complications, the affidavit further states that,

"If the Commission is to make a provision for re-examination, it will hardly be possible for it to complete its any examination on time. This will entail complete derailment of the schedule of post-examination activities of a particular examination but will also have cascading effects on the schedules of other ongoing examinations as well as other exams to follow. In fact, accommodating such requests will lead to a chaotic situation where no examination can be completed on schedule, as a result of which vacancies in Govt. will remain unfilled for an indefinite period and the aspirants of the Commission's examinations will also remain in limbo as to when the results will be declared or when the next advertisement for recruitment will be issued. As a result greater public interest will be adversely affected to accommodate individual request(s). In addition to that, in the Commission's examinations there is no provision for multi-shot examination which means any single paper of an examination is conducted only once and not more than that in any circumstances. Resorting to such system would lead to different difficulty levels of question papers and linked complications."

Existing Rules Provide Fair Opportunities To Aspirants

Emphasising on the existing age range for admission to the Civil Services Examination is 21 to 32 years with relaxations for certain categories of candidates and the number of attempts with relaxation for certain categories, UPSC has stated that,

"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 exigencies."

Any Disruption At This Stage Has The Potential Of Not Only Upsetting Entire Cycle Not Only For Once But Likely To Have Cascading Effects In Future

UPSC in the affidavit has further stated that, "it is imperative that the vacancies in these services are filled up in time so that the public services do not suffer due to lack of manpower in right place in right point of time. Over the years a cycle has evolved involving recruitment, training and final appointment ensuring that the Government gets its requisite manpower on time. Any disruption at any stage has the potential of upsetting the entire cycle not only for once but likely to have cascading effects in future as well."

Any Decision Regarding Age Relaxation/Compensatory Attempt In Civil Service Examination Policy Matter Which Falls Under Domain of DoPT

Submitting that the Rules of Civil Services Examination, 2021 were framed and notified by the Government of India in the DoP&T on 04.03.2021, UPSC has said that,

"Any decision regarding age relaxation and compensatory/extra attempt in the Civil Services Examination is a policy matter which falls under domain of DoP&T. The Commission's responsibility is primarily confined to conducting the examination and recommending candidates in terms of the Rules of the Examination notified by the Govt.(DoP&T)."

The UPSC has also referred to last year's Supreme Court judgment in the case Rachna versus Union of India which refused to allow extra-chance in UPSC for last attempt candidates on the ground of pandemic.

It may be noted that the Top Court on Monday had adjourned the petition filed through Advocate Shashank Singh, for March 25, 2022.

Raising strong objections for UPSC publishing the results, Senior Advocate Gopal Sankaranarayanan had submitted that UPSC had earlier sought time to file its response but in between published the results thereby frustrating the right of the aspirants.

"UPSC will only have to make a statement as to whether one opportunity can be granted or not. Last time they said it is a complex issue. You try till Friday if it is possible, otherwise we'll see what it is to be done," bench of Justices AM Khanwilkar and AS Oka had remarked while adjourning the matter for Friday.

Additional Solicitor General Aishwarya Bhati had told the bench that the DoPT will have to take a call on the issue of extra chance.

Case Title: Arjit Shukla and Others v Union of India | WP(C) 92/2022