[UPSC Extra Attempt] Cannot go against policy decisions unless arbitrary: Supreme Court directs Civil Services aspirants to make representation instead

The Supreme Court today granted liberty to the civil service aspirants barred from taking the Civil Service Exam seeking one time age relaxation to make representation to appropriate authorities.

Division bench of Justice AM Khanwilkar and Justice Sanjiv Khanna while refusing to pass directions urged the authorities to take a lenient view on the plea for extra chance in the light of CoVID pandemic situation.

“We can only ask them to consider the request. We cannot go against the policy of the Govt unless it is arbitrary, discriminatory,” Court said.

During the course of hearing, Justice AM Khanwilkar in a lighter way suggested the aspirants to approach Parliament for amendment of the rules.

“In a lighter way we're suggesting. Why don't you make a representation to the parliament for amending the rules?,” said Justice AM Khanwilkar.

“It's a very hard decision. We are compassionate but our hands are tied,” said Justice Sanjiv Khanna.

Nine Civil Service aspirants through Advocate Malvika Kapila filed an impleadment application in the case titled Abhishek Anand Sinha and others vs Union of India and others seeking relaxation in the Civil Service Examination Rules 2021, thereby allowing them to appear for and take the Civil Services Examination 2021.

The Applicants had appeared for the examination on October 4, 2020 "despite lack of preparation and under emergent circumstances, since it was their final attempt in terms of age".

Reference has been made to the UPSC’s decision of 2020 in which the Commission had given a one-time restricted relaxation, to only those candidates who appeared in CSE 2020 as their last permissible attempt and were otherwise not age-barred.

However, it was further decided that no relaxation would be given to the candidates who had not exhausted their permissible number of attempts or to those candidates who were otherwise age-barred from appearing in CSE 2021.

On February 24, 2021, the Supreme Court dismissed a petition seeking an extra attempt by those candidates who had appeared in the preliminary examination. However, before parting with the judgment, this Court made it clear that the said decision would not restrict the executive in exercising its discretion if the situation so calls for in the future.

On March 4, 2021 the UPSC had notified the rules for Civil Services Examination 2021 and have chosen to not relax the age-eligibility criteria for the examination in the current year. Pursuant thereto, certain candidates, who did not appear in the Examination2020, filed the instant petition impugning the aforesaid rules and the Examination Notice.

The Applicants submitted that they are aggrieved by the Rules in as much as they have failed to provide any age relaxation and/or an additional attempt to candidates who crossed their upper age limit in the year 2020.

It has further been averred that they were not seeking to set aside the very conduct of the exams, but were only praying that in view of the extra -ordinary, force majeure like situation, which was beyond the control of any of the candidates one extra/additional attempt may be provided to them for appearing in the subject examinations.

"It is very well known that for any competitive examination, particularly the Civil Services Examination, of such nature and seriousness, requires rigorous preparation, especially during the months immediately preceding the date of the examination, irrespective of availability of sufficient time for preparation beforehand. It also needs to be stressed here that the measures related to curbing the Covid 19 pandemic and the uncertainty attached to it, had immense negative ramifications on the mental health of the candidates. It was in these circumstances, coupled with lack of proper infrastructure, poor preparation, lack of study materials, that the Applicants appeared for their final attempt at fulfilling their dreams of becoming a Civil Servant", states the plea.

Case Title: Abhishek Anand Sinha and others vs Union of India and others