Call on extra attempt in UPSC exam will have to be taken by DoPT, Centre tells SC

The Centre told the Supreme Court on Monday that the call regarding extra attempts to appear in the Union Public Service Commission (UPSC) examination will have to be taken by the Department of Personnel and Training (DoPT).

New Delhi:The Centre told the Supreme Court on Monday that the call regarding extra attempts to appear in the Union Public Service Commission (UPSC) examination will have to be taken by the Department of Personnel and Training (DoPT).

A bench of Justices A M Khanwilkar and A S Oka was hearing a plea filed by three aspirants who had cleared the UPSC 2021 prelims exam but could not appear in all papers of the main exam after testing positive for COVID-19 and are now seeking an extra attempt to appear in the exams. Additional Solicitor General (ASG) Aishwarya Bhati, appearing for the Centre, told the bench that the counsel representing the UPSC has said that he would file a counter affidavit in the matter during the course of the day.

The bench said it would hear the matter on March 25. There is really no urgency because the result for this exam has been announced. The only issue that remains is qua extra attempt, Bhati said. The bench observed that UPSC has to make a statement whether one opportunity is possible or not. That is a call that actually DoPT will have to take. I will have to get instructions, the ASG said.

The top court observed that last time it was told that it is a complex issue and instructions are required to be taken and that is why the bench had given time. Decision will be taken essentially by the UPSC, is it not?," the bench asked. The ASG said, The extra attempt call will have to be taken by DoPT. Senior advocate Gopal Sankaranarayanan, who was appearing for the petitioners, told the bench that the court had last time given opportunity to the UPSC but no reply has come yet.

On March 7, the counsel appearing for the UPSC had told the top court that he needs to take instructions and place on record all the aspects before any decision is taken on the issue. While two of the three petitioners had to leave the main exam, held from January 7 to 16, in-between after appearing in some initial papers, the third aspirant could not appear in any of the papers due to COVID.

The petitioners, in their plea filed through advocate Shashank Singh, have said that they tested positive for COVID-19 in the RTPCR test reports dated January 13, 14 and January 6. The plea has said the petitioners could not take the UPSC mains examination after testing positive for COVID-19 and owing to the restrictions imposed under the strict quarantine guidelines of the government.

Also, there was the absence of any kind of policy of UPSC which could provide arrangements for such petitioners who were COVID positive during the span of mains examination or before it, it said. The petitioners are approaching this court under Article 32 and seeking a direction to the Respondent/ UPSC to extend them an additional (extra) attempt to appear in the examination or in the alternate, make some arrangement to appear in the rest of the papers which the petitioners could not give before the publication of the result of civil service mains examination 2021, the plea said.

It claimed that absence of policy and no arrangement to accommodate COVID-19 positive petitioners to appear in the civil service mains examination 2021 have violated their rights, including that of under Article 14 (equality before law) of the Constitution of India.

PTI