UPSC Civil Services : Supreme Court Allows 5 Candidates, Who Missed Deadline Due To Delay In University Results, To Appear For Mains Exam

The Supreme Court, on Wednesday, allowed five Civil Services aspirants, whose candidature had been canceled only two days prior to the Civil Services (Mains) Examination, to appear for the same.

As per the Civil Services Exam Rules 2022 published by the Union Public Service Commission (UPSC), the candidates who qualify for Mains examination are to fill in a Detailed Application Form-I. For the said purpose the candidates are required to submit the proof of their qualification examination between 06.07.2022 to 15.07.2022. Out of the five petitioners four were pursuing their undergraduate courses at the Delhi University and one at the Kurukshetra University. The results of Delhi University were declared on 16.07.2022 and that of Kurukshetra University was declared subsequently. Therefore, the petitioners were unable to comply with the deadline of 15.07.2022.

Noting that the petitioners are youngsterswho have burnt the midnight oiland qualified for the Mains Examination, the Bench comprising Justices D.Y. Chandrachud and Hima Kohli allowed them to appear, with a caveat, that their Detailed Application Form-I shall be accepted provisionally so that they can appear at the examination, but would be subjected to the final outcome of the proceedings.

In these circumstances and having regard to the above factors, we direct that the petitioners shall be allowed to appear for the Civil Services (Mains) Examination, which is due to commence on 16 September 2022. This shall be without prejudice to the rights and contentions of the parties and subject to further orders. The Detailed Application Form I shall be accepted provisionally for the purpose of enabling the petitioners to appear at the Mains Examination, subject to the final outcome of these proceedings. No equities shall be created in favour of the petitioners by this order.

The petition, filed through Advocate-on-Record Tanya Shree, was heard today after an urgent mentioning was made in view of the mains exam scheduled on Friday.

Senior Advocate Mr. P.S. Patwalia appearing on behalf of the petitioner apprised the Bench about the grievance of the petitioners. Advocate Mr. Naresh Kaushik, appearing on behalf of UPSC pointed out, at the outset, that two out of the five petitioners had already approached the High Court and their petitions are pending adjudication. The Bench asked Mr. Patwalia to ensure that the petitions before the High Court are withdrawn.

Elucidating on the reason for entertaining the petition, Justice Chandrachud said, The reason we are interested is that these are young students who have just passed their B.A. They were aspiring to appear for the Civil Service Examination. Just because of a delay of one day in declaring results

Mr. Kaushik submitted that every year one or the other universities delay in declaring results. Arguing that there might be more similarly situated candidates, he sought permission to seek instructions from UPSC, in this regard.

Mr. Patwalia submitted that the Mains Examination is scheduled in the month of September, but the deadline for submitting the concerned document is in July. He argued that the same is highly unreasonable. Stating that final checking of the documents would take place at the time of the interview which would take another 6 months, he beseeched the Court to allow the petitioners to appear for the Mains Examination in the interim.

Mr. Naresh submitted that the Civil Services being a competitive examination, if the petitioners are granted permission to appear for the Mains examination, then it would affect the rights of the similarly situated candidates to whom the same benefit does not enure.

As the Bench allowed the petition, he expressed concerns -

Tomorrow if some other petitions are listed Ill be in difficulty as sitting arrangements and all are already done.

Justice Kohli orally remarked -

You are well versed with how last minute things work.

[Case Title: Akansh Dhull And Ors. v. UPSC And Ors. WP(C) No. 779/2022]

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