SC dismisses plea seeking extra attempt in UPSC exams

In a setback to UPSC civil service aspirants, the Supreme Court on Monday dismissed a plea seeking an extra attempt in the Union Public Service Commission (UPSC) exam, reported Live Law.

According to the report, a bench of Justices AM Khanwilkar, Dinesh Maheshwari, and Aniruddha Bose said that the issue is covered by the judgment delivered on February 24 in the case where the apex court had turned down a plea made by last attempt candidates for an extra attempt in UPSC exams.

"Our previous judgement dated 24 February 2021 covers everything. We decline to interfere. The issue has already been answered", the bench stated in the order, reported Live Law.

On February 24, the Supreme Court dismissed a plea seeking an extra attempt for those who exhausted their last chance in the 2020 preliminary exam amid the COVID-19 pandemic or have got age barred from appearing in future tests.

A bench of Justices A M Khanwilkar, Indu Malhotra and Ajay Rastogi dismissed the petition filed by civil service aspirants and clarified that its decision would not restrict the Centre in exercising its discretion in future to deal with the difficulties as projected to the court. “Consequently, the petition fails and is accordingly dismissed,” the bench said.

The top court said that it is not exercising its plenary powers under Article 142 of the Constitution as it would set down a “precedent” and also have “cascading effect” on examinations held in other streams during the pandemic.

The bench said: “The data furnished to this Court by the Commission (UPSC) clearly indicate that various selections have been held by the Commission for Central Services in the year 2020 during COVID-19 pandemic and...if this Court shows indulgence to few who had participated in the Examination 2020, it will set down a precedent and also have cascading effect on examinations in other streams, for which we are dissuaded to exercise plenary powers under Article 142 of the Constitution.”

Justice Rastogi, who penned down a 40-page verdict on behalf of the bench, however rejected the Centre''s submission that what is being claimed and prayed for by the petitioners under the guise of COVID-19 pandemic is nothing but a lame excuse in taking additional attempt to participate in the Civil Service Examination 2021.

The top court said merely because as a matter of policy, if the Centre has granted relaxation in the past for the reason that there was a change in the exam pattern/syllabus then "no assistance can be claimed by the petitioners in seeking mandamus to the 1st respondent (Centre) to come out with a policy granting relaxation to the participants who had availed a final and last attempt or have crossed the upper age by appearing in the Examination 2020 as a matter of right”.

The Centre and the Union Public Service Commission (UPSC) submitted that not only the petitioners or intervenors before this Court, but there are large number of candidates who had appeared in the various examinations last year during the COVID-19 pandemic and everyone must have faced some constraints/ impediments/inconvenience in one way or the other.

The bench said that it is the settled principle of law that policy decisions are open for judicial review by this Court for a very limited purpose and this Court can interfere in the realm of public policy if it is absolutely capricious, totally arbitrary or not informed of reasons.

The top court said that it does find substance that concession either in attempt or age cannot be made under the scheme of February 12, last year notification of the rules for Civil Service Examination (CSE)-2020.

The bench noted the offer made by the Centre on February 5 that it was agreed in principle to give one time restricted relaxation, limited to CSE-2021, to only those candidates who appeared in 2020-examination as their last attempt and otherwise are not age barred from appearing in future examinations.

(With inputs from PT)

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