Supreme Court Dismisses Petition for Additional Attempt in Civil Services Examination Due to Pandemic Impact. Court held that existing rules do not permit relaxation in age or attempts for general category candidates.

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Case Note & Summary

The case involved a writ petition filed by a group of candidates who sought an additional attempt in the Civil Services Examination (CSE) 2021 after failing to qualify in the CSE 2020, which they attributed to the disruptions caused by the Covid-19 pandemic. The petitioners argued that the pandemic severely affected their preparation and that they were unfairly disadvantaged compared to other candidates. They claimed that the lack of an additional attempt constituted a violation of their rights under Articles 14, 19, and 21 of the Constitution of India. The Union Public Service Commission (UPSC) had published the rules for the examination on 12th February 2020, allowing six attempts for general candidates and nine for OBC candidates, with specific age limits. The examination was initially scheduled for 31st May 2020 but was postponed to 4th October 2020 due to the pandemic. The petitioners contended that the lockdown and other restrictions hindered their ability to prepare adequately. The court noted that the UPSC had provided additional time for preparation and had allowed candidates to withdraw their applications. The court found that the rules did not allow for any relaxation in age or attempts for general category candidates who had crossed the age limit. The court ultimately dismissed the petition, stating that the petitioners had not established a legal basis for their claims and that the existing rules were clear and did not permit the requested relief.

Headnote

A) Constitutional Law - Right to Equality - Violation of Articles 14 and 21 - Civil Services Examination - Petitioners sought an additional attempt due to pandemic hardships, claiming discrimination against last attempt candidates. Court held that the existing rules do not permit relaxation in age or attempts for general category candidates, thus denying the petitioners' request (Paras 31-36).

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Issue of Consideration

Whether the petitioners are entitled to an additional attempt for the Civil Services Examination 2021 due to the impact of the Covid-19 pandemic.

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Final Decision

The Supreme Court dismissed the writ petition, holding that the existing rules do not permit any relaxation in age or attempts for general category candidates who have crossed the age limit.

Law Points

  • Article 32
  • Article 14
  • Article 19
  • Article 21
  • Civil Services Examination
  • age limit
  • attempts
  • UPSC rules
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Case Details

2021 LawText (SC) (02) 276

Writ Petition (Civil) No. 1410 of 2020

2021-02-05

Rastogi, J.

Shyam Divan, S.V. Raju, Naresh Kaushik, P.V. Narasimha, Pallav Shishodia

Rachna & Ors.

Union of India & Anr.

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Nature of Litigation

Writ petition seeking additional attempt in Civil Services Examination due to pandemic impact.

Remedy Sought

Petitioners sought a writ of mandamus for an additional attempt in the examination.

Filing Reason

Petitioners claimed they were disadvantaged due to the pandemic affecting their preparation.

Previous Decisions

Court previously expressed hope for exploring additional attempts for last attempt candidates.

Issues

Entitlement to additional attempt due to pandemic Discrimination against last attempt candidates

Submissions/Arguments

Petitioners argued that pandemic disrupted their preparation and violated their rights. Respondents contended that existing rules do not allow for relaxation in attempts or age limits.

Ratio Decidendi

The court held that the rules governing the Civil Services Examination do not allow for any discretion in granting additional attempts or age relaxation for general category candidates, thus upholding the integrity of the examination process.

Judgment Excerpts

The question that emerges for our consideration is that whether the petitioners/intervenors and other similarly placed candidates are entitled to another/additional chance for CSE 2021 on account of the unprecedented Covid19 pandemic. The scheme of Rules 2020 clearly stipulates that the entry age to participate in this competition is 21 years and the exit age for general candidates is 32 years.

Procedural History

The petitioners filed the writ petition after failing to qualify in the Civil Services Examination 2020 held on 4th October 2020, seeking an additional attempt due to pandemic-related disruptions.

Acts & Sections

  • Constitution of India: Article 32, Article 14, Article 19, Article 21
  • Disaster Management Act, 2005: Section 6(2)(i)
  • Epidemic Diseases Act, 1897:
  • Essential Services Maintenance Act, 1968:
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