SC discards plea seeking additional attempt for students in the 2021 UPSC examination, says Appropriate Authority to look into the matter

On Monday (26th October 2020), the Supreme Court discarded a plea filed for the benefit of 24 UPSC students who required an additional attempt in the civil service examination in the year 2021. It dismissed the plea in consideration that the Centre had confirmed that the issue was getting considered by the suitable authority.

This plea was heard by a bench of three judges: Justice AM Khanwilkar, Justice Dinesh Maheshwari & Justice Sanjiv Khanna.

Mr. Aman Lekhni was the representative of the Union of India (DoPT), and he voiced that the issue should be looked into. The issue will be properly considered by a suitable authority when the Rules for CSE-2021 will be outlined one year from now. 

The Supreme Court stated that "The issue raised in the present writ petition is in consideration of the appropriate authority and in light of the observations made by this Court in an order dated 30.09.2020 in Writ Petition(C) No. 1012 of 2020 [Vasi Reddy Govardhan Sai Prakash & Ors. V. UPSC & Ors] needful is being done in the matter."

It was requested by the petitioner to expedite this matter. Also, freedom was granted by the bench to the petitioners to move toward the Hon'ble Court if the proposed verdict doesn't satisfy the goals of the Petitioners.

The Supreme Court said, "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. If the proposed decision does not fulfill the aspirations of the petitioners, it will be open to them to challenge that part of the decision".

15 Applicants filed an intervention application in support of the writ petition. This appeal was discarded by the Bench and the forthcoming IAs in the above terms as well. The petitioners were represented by Senior Advocate P.S. Narsimha and Advocate Atul Agarwal. 

On the last date of hearing, the bench engaged the petitioners to serve a development duplicate on UPSC and DoPT in a plea in the interest of 24 UPSC aspirants looking for an additional attempt in the civil service examination in 2021.

Due to the Covid-19 situation, preparation of the aspirants has been disrupted and hence the grant of an additional attempt is valid according to the petitioners and also because next year the aspirants would become age-barred.

The plea stated that "It is submitted that all petitioners have/ will have crossed the maximum age prescribed for appearing in UPSC exam by the time the dates of UPSC Exam - 2021 are notified."

The petition wanted to suppress the decision dated September 9, 2020, of the Centre whereby, as per the averments, representations put forth on behalf of the petitioners' seeking grant of a one -time age and attempt relaxation in the Civil Services Examination 2021, have not been appropriately considered. 

In the Notice dated July 1, 2020, it is claimed that the applicants have properly perceived the issues faced by the applicants in regard to their planning in CSE-2020. An alternative of quitting for understudies showing up in CSE-2020 was given to competitors to forestall weariness of their attempts. 

The plea submitted to the Supreme Court reads, "However while doing so, the UPSC failed to consider the position of persons like the Petitioners who cannot withdraw/opt-out unless and until they are also provided with a one-time age relaxation" 

Keeping in mind the current situation, it is opposed that it was important to consider and allow the solicitation for age-relaxation at this stage itself because relying upon the relaxation give and the Petitioners would be in a situation to forego their chance in the Civil Servies Examination of 2020. 

"The Respondents have therefore acted arbitrarily in violation of fundamental rights of the petitioners guaranteed under Article 14 of the Constitution," the petitioners stated.