Supreme Court Overrules Bombay HC's View That UPSC Has Power To Treat Candidate Who Submitted Degree Certificate Late As Qualified For Civil Service Exams

The Supreme Court on Tuesday overruled a view taken by the Bombay High Court(Aurangabad Bench) that the Civil Services Examination Rules 2020 give power to the Union Public Service Commission to treat a candidate who submitted the degree certificate after the cut-off date as qualified to appear for the civil service examination in exceptional circumstances.

However, the ultimate relief granted by the Bombay High Court to the petitioners before it was not interfered with as the Supreme Court had last week permitted 5 candidates to appear for interview, even though they had submitted the mark certificates after the cut-off date. The Supreme Court had granted the said relief taking into account the difficulties caused by the COVID pandemic. At the same time, the Court had clarified that it was a one-time relaxation having no precedent value(Deepak Yadav and others vs UPSC and others).

Supreme Court Permits 5 Civil Service Aspirants Who Cleared Mains But Were Disqualified For Submitting Degree Certificate Late To Attend UPSC Interview

Today, a bench comprising Justices AM Khanwilkar and Sanjiv Khanna was dealing with a special leave petition filed by the UPSC against the interpretation given by the Bombay High Court to Note II of Rule 7 of Civil Service Examination Rules 2020.

The Bombay High Court (Aurangabad Bench) had expressed the said view while directing the UPSC to treat two candidates, who could not produce their degree certificates along with the application form for the Mains exam, as qualified candidates. The candidates were unable to produce the degree certificates on the prescribed last date as their university results got delayed due to the COVID19 pandemic. In such circumstances, UPSC had permitted them to appear for the Mains exam on an undertaking to produce the certificates after the results are published. Before the Mains exams, their university results came declaring them as passed.  However, later the UPSC cancelled their candidature on the ground that they had not produced the proof of qualifying exams before the prescribed date.

While allowing the writ petitions filed by the affected candidates, a division bench comprising Justices SV Gangapurwala and Shrikant D Kulkarni of the High Court observed :

"Rule 7 Note II of the CSE Rule 2020 gives powers to the U.P.S.C. in exceptional cases to treat a candidate who does not have the qualifications as detailed in the rules as a qualified candidate".

Taking exception to this interpretation of the High Court, the UPSC approached the Supreme Court. Today, the UPSC's counsel Advocate Naresh Kaushik referred to the order passed by the Supreme Court on July 16 permitting 5 civil service aspirants to appear for interview on equitable grounds, even though they had produced the proof of qualifying exams after the cut-off date. The counsel submitted that such relief was not granted on the basis of any legal right.

Taking note of this, the bench observed that the High Court's interpretation will stand overruled.

"This appeal raises issues already answered. Accordingly, this appeal is disposed on same grounds.Needless to observe, any statement of law made by the High Court, which is not consistent with the order passed by this Court on July 16, is deemed to have been overruled", the bench stated in the order.

Case : Union Public Service Commission (UPSC) v Nitisha Sanjay Jagtap and others, SLP(c) No.10966/2021)

Click here to read/download the High Court order