"Don't Publish New Notification For 2021 Till Matter Is Heard"; Supreme Court Tells Centre In Plea Seeking Extra Chance In UPSC Exams

The Supreme Court on Monday directed the Centre to not publish any new notification for 2021 till plea seeking extra chance for civil service aspirants who gave their last attempt in October 2020 was heard.

A Bench headed by Justice AM Khanwilkar directed the ASG SV Raju to circulate the Affidavit recording his submissions at the previous hearing pertaining to how the Centre was not agreeable to giving an extra chance.

In today's hearing, the Bench informed the ASG that they were yet to receive the Affidavit which was to be filed by the Centre. To this, the ASG responded that the Affidavit was ready and an email had been sent accordingly. 

Senior Advocate Shyam Divan, appearing for the Petitioners, informed the Court that his office had received the Affidavit the previous evening and he sought for permission to file a Rejoinder by the 27th.

The matter is now listed on 28th January, with directions given to the Petitioner to file a Rejoinder by 27th.

Intervenors have also been allowed to file a short written note on the matter. 

The Court further directed the Centre to ensure that the new notification for 2021 were not published till the conclusion of the instant. The ASG responded that they would not published till February. 

At the previous hearing, the ASG had informed the Court that he had received information that the Centre was not agreeable in providing an extra chance for civil service aspirants in giving UPSC exams.


The ASG's submission came as a departure from the previous submission that the issue was under "active consideration" of the Central Government and the Union Public Services Commission.The Court had informed the Counsels that under no circumstances should a situation arise when the last date of filing of forms goes. Though the ASG sought for time till February first week, the Bench said that he should get instructions soon.

On 18th December, 2020, Solicitor-General Tushar Mehta, had submitted that the Centre was not taking an "adversarial stand" with respect to the plea for extra chance and that a decision in that regard was likely within three or four weeks. The rules might need amendment for granting extra chance, he added.

On September 30, the Supreme Court had directed the Central Government and the Union Public Service Commission to consider granting an extra chance to candidates who otherwise have their last attempt in 2020, with corresponding extension of the upper age-limit.

That direction was given by a Bench led by Justice Khanwilkar in the case Vasireddy Govardhana Sai Prakash v UPSC while rejecting the petitioners' plea to postpone the UPSC exams scheduled in October 2020 in view of the COVID19 pandemic.

The Court directed the authorities to take a decision in that regard "expeditiously".

The relevant observations in the Court order are as follows:

"The fourth point raised before us is that some of the candidates may be giving last attempt and also likely to become age-barred for the next examination, and if such candidates are unable to appear in the examination due to Covid-19 pandemic situation, it would cause great prejudice to them .In this regard, we have impressed upon Mr. S.V.Raju, learned Additional Solicitor General appearing for the Ministry of Home Affairs (MHA), Ministry of health and Family Welfare (MoHFW) and Department of Personnel and Training (DoPT) to explore the possibility of providing one more attempt to such candidates with corresponding extension of age limit. He has agreed to convey the sentiments of the Court to all concerned and to take a formal decision thereon expeditiously".

On October 26, the Department of Personnel and Training informed the Supreme Court that the issue regarding grant of extra attempt to last chance candidates was under the consideration of the authorities.

Based on that submission, a Bench led by Justice AM Khanwilkar disposed of another petition (Abhishek Anand Sinha v Union of India) observing that it was not appropriate for the Court to pass orders when the matter was under the consideration of the concerned authorities.

"The issue raised in this Writ Petition is under consideration of the appropriate authority and in light of the observations made by this Court in order dated 30.09.2020 in Writ Petition(C) No. 1012 of 2020, needful is being done in the matter. As a result, it may not be appropriate to precipitate the matter further. We leave it to the competent authorities to assuage the grievance of the Petitioners, as brought before this Court in the present Writ Petition appropriately", the Bench observed in the order.

The present petition is filed as a sequel to the above proceedings seeking compensatory extra chance for civil service candidates.

ALSO READ REPORT ABOUT THE CENTRE'S AFFIDAVIT : UPSC Exams - Extra Chance For Final Attempt Candidates Would Amount To Differential Treatment : Centre's Affidavit In Supreme Court

https://www.livelaw.in/top-stories/upsc-exams-extra-chance-final-attempt-candidates-differential-treatment-centres-affidavit-supreme-court-168912