A bench of judges AM Khanwilkar and AS Oka heard a plea filed by three aspirants who passed the UPSC 2021 prelims exam but were unable to appear in all the main exam papers after testing positive for COVID-19 and now seeking are going to make an extra attempt on the exams.
The Center told the Supreme Court Monday that the appeal regarding an additional attempt to appear on the Union Public Service Commission (UPSC) exam will have to be taken by the Department of Personnel and Training (DoPT).
A bench of judges AM Khanwilkar and AS Oka heard a plea filed by three aspirants who passed the UPSC 2021 prelims exam but were unable to appear in all the main exam papers after testing positive for COVID-19 and now seeking are going to make an extra attempt on the exams.
Additional Advocate General (ASG) Aishwarya Bhati, who appeared before the Center, told the bank that counsel representing the UPSC has said he will file a counter affidavit in the case during the day.
The bank said it would hear the case on March 25.
“There is actually no urgency because the results of this exam are known. The only problem left is the extra effort,” Bhati said.
The bank found that UPSC must make a decision whether one chance is possible or not.
“That is a call that DoPT will actually have to answer. I will have to receive instructions,” said the ASG.
The highest court found that last time it was told that it is a “complex matter” and that instructions must be followed and that the bank has therefore given time.
“The decision will essentially be made by the UPSC, won’t it?” the bank asked. The ASG said: “The additional attempted appeal will have to be passed by DoPT.” Senior lawyer Gopal Sankaranarayanan, who appeared before the petitioners, told the court that the court had given the UPSC an opportunity the last time, but no response has been forthcoming.
On March 7, UPSC counsel had told the highest court that he must follow instructions and record all aspects before making a decision on the matter.
While two of the three applicants had to leave the main exam, which was held January 7-16, in between after appearing in a number of initial papers, the third aspirant was unable to appear in any of the papers due to COVID.
The petitioners have said in their plea through lawyer Shashank Singh that they tested positive for COVID-19 in the RTPCR test reports dated January 13, 14 and 6.
According to the plea, petitioners were unable to take the UPSC power supply exam after testing positive for COVID-19 and due to restrictions imposed under the strict government quarantine guidelines.
“There was also no UPSC policy that would make arrangements for such submitters who were COVID positive during the grid survey period or before,” it said.
“The applicants are approaching this court under Section 32 and requesting the Defendant/UPC make an additional (additional) attempt to appear on the exam or instead, arrange to appear in the remainder of the documents which the applicants could not give before the publication of the results of the 2021 civil service examination’, reads the plea.
It alleged that the lack of policies and no arrangement to accommodate COVID-19 positive applicants to appear in the 2021 civil service examination have violated their rights, including those of Article 14 (Equality before the law) of the Constitution of India.
This post Call for extra attempt in UPSC exam will have to be taken by DoPT, Center tells Supreme Court
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