'We Don't Expect You To Be Rigid' : Supreme Court Asks Centre If Age Relaxation For Last Attempt UPSC Candidates Can Be Considered

The Supreme Court on Monday asked the Central Government if it was possible to give age-relaxation to those last chance candidates, to whom the Centre has already agreed to give an extra attempt this year.

"We don't expect you to be rigid on this aspect. There were extraordinary circumstances", Justice AM Khanwilkar, the presiding judge of the bench, told Additional Solicitor General SV Raju.

While the bench agreed that it was a "policy decision" of the Centre, it observed that the "policies are made based on ground realities". Referring to the "extra ordinary circumstances" of COVID-19 pandemic which affected the candidates, the bench asked the ASG if it was possible to give age-relaxation as a "one-time measure".

The Centre has already agreed to give an extra-chance to those candidates who had exhausted their last attempt in October 2020. However, the Centre's relaxation was subject to the condition that such candidates should not be age-barred.

Today, the bench comprising Justices Khanwilkar and Dinesh Maheshwari was hearing the arguments of the petitioners seeking the relaxation of the age-bar condition as well.

The bench pointed out to the ASG that the Centre has given similar age relaxations in the past. The bench also mentioned that the beneficiaries of the age relaxation would be only around 2300.

The ASG agreed to put the suggestions of the Court to the authorities and to come back tomorrow. Accordingly, the bench adjourned the hearing tomorrow. If the Centre is not coming with a solution tomorrow, the bench said that it will hear the matter on merits(Complete updates from the hearing available here).

Submissions of petitioners

"Union's offer excludes vulnerable sections. If at all anyone requires a consideration, it is the age barred group. Denying them opportunity is arbitrary." Senior Advocate P.S. Narasimha, appearing for an intervenor, submitted.

The submission came after Senior Advocate CU Singh, appearing for the petitioner, informed the bench that the extra chance offer given by the Central Government is "limited only to last chance candidates subject to age-bar".

"2236 candidates who had last chance last year are age-barred. If age-bar is not relaxed, all SC/ST candidates, handicapped candidates will be excluded. For SC/ST candidates, handicapped candidates, there is no limit in number of attempts. So if the benefit is given only to last chance candidates without age-bar, SC/ST, PWD candidates will be excluded", Singh added.

At the outset, Justice AM Khanwilkar asked PS Narasimha as to how the age bar can be relaxed. To this, Narsimha informed the Bench that the Centre has the power of relaxing age bar. "If government is exercising a discretion, it should go to the benefit of the most vulnerable people." He submitted.

To this, Sr. Adv. CU Singh informed the Bench that similar relaxation of 4 years was given by the Centre in the year 2015.

In the beginning, the bench orally expressed disinclination to interfere with the age bar. "We will not touch age-bar", Justice Khanwilkar remarked at the outset. However, after the persuasive arguments by the petitioners, the bench changed its stance.

Appearing on behalf of the petitioners, Senior Advocate Shyam Divan, also pressed upon the precedent of age bar being relaxed in the year 2015 for the candidates who had their last chance in appearing for Civil Services Examinations, 2011.

To this, Justice Khanwilkar expressed the concern by remarking "If we do it for this examination, same pattern will follow in other board examinations."

"Why should someone who faced the exact same difficulties due to pandemic be denied the benefit of extra chance just because of their age?" Shyam Divan argued before the Bench.

According to Divan, extra chance and age bar relaxation are "inter-twined" and such last chance candidates should be treated as a "homogenous class".

He submitted that the age bar given to the aspirants in the year 2015 was 34 years whereas if the same is given this year, the aspirants will be giving the exam at 33 years of age and hence it will not make much of difference. He also said that there was never a uniform policy with respect to age-bar. It has varied from 24 to 34 years over the years.

"I fully recognize this is a matter of policy. But when we give an extra chance, we cannot exclude someone who is hit by the age-bar." Divan submitted.

At this juncture, Divan went ahead to argue that the petitioners include candidates who were unable to access online materials, candidates who had no access to 3G or 4G internet, married women who had to adjust due to changed household situations and others who were found COVID positive.

Senior Advocate Pallav Sisodia submitted that his clients are harshly hit, as they got age-barred by 10-12 days. He added that they were policemen and were involved in COVID duty.

Centre opposes

Additional Solicitor General, SV Raju submitted that if the age relaxation is given in the matter, other candidates may also come. According to the ASG, the candidates had the option of backing out in case they felt that they could not prepare well for the examination, and such candidates were eligible for extra chance. However, the petitioners chose to appear for the Civil Services Examination 2020.

"Concession is not meant for people who sit on the fence and take a chance." ASG submitted.

Observations by the bench

The bench, which changed its initial reluctance after the submissions of the petitioners, made the following remarks to the ASG.

"We don't expect you to be rigid on this aspect. There were extraordinary circumstances.

You can always argue it is a policy decision. But is there a way out? Is is possible to give age relaxation?...there are people who got age-barred by few days..

We are also of the view that age should not be changed. But if it is done in the past, is it possible? Some candidates were involved in COVID duty. Is it not possible as a one time measure. Policies are made based on ground realities. Is it possible as a one-time measure?"

At this juncture, ASG requested the Court to take up the matter tomorrow to consult with the authorities.

To this, Justice Khanwilkar informed the ASG that if the issue is not resolved by the Centre tomorrow, the Bench will hear the case on its merits.

Centre agreed for extra chance only after the nudging by the court

The Central Government on Friday(February 5) informed the Supreme Court that the Centre and Union Public Service Commission (UPSC) have agreed to grant a "one-time, restricted relaxation to prospective candidates" who had given their last attempt of the UPSC exam in October 2020, and were not age-barred.

ASG SV Raju submitted to the Bench headed by Justice AM Khanwilkar that the extra chance would be given, only to the extent of providing an extra attempt, limited to the exam in 2021. Further, it would granted only to those candidates who had given their last attempt in CSE-2020 and were not age-barred.

It was also submitted to the Court that relaxation would not be treated as a precedent and would not "create any vested right" in favour of another class of candidates at any time in the future.

This decision was taken changing the earlier stand of the Centre against granting extra-chance for last attempt candidates.

On 25th January, the Department of Personnel and Training filed an Affidavit before the Supreme Court submitting that an extra chance would not be provided to candidates who had exhausted all their attempts at giving the UPSC examination. It was contended that provision of an extra chance would create a differential treatment.

This was again in departure from the previous submission of the Central Government stating that the issue was under "active consideration" and that the government was not adopting an adversarial stance.