UPSC Extra Attempt: SC asks Govt to consider Covid-affected candidates' plea for extra chance

UPSC Mains 2021 Extra Attempt: The Supreme Court on Thursday urged the Centre to consider the representation of some applicants who were unable to appear in the UPSC civil services main examination after acquiring COVID-19 and are now seeking a second chance. The committee recommended that the government change its mind and sympathetically consider the demand of civil service examination (CSE) aspirants and grant an extra attempt with corresponding age relaxation to all candidates in its March 24 report, citing the hardships faced by the student community during the first and second waves of COVID-19. 

The Centre had told the Supreme Court last week that a second attempt at the Union Public Service Commission's (UPSC) civil service examination was "not possible." A bench led by Justice A M Khanwilkar was hearing a petition filed by three aspirants who had passed the UPSC 2021 prelims exam but were unable to appear in all papers of the main exam after testing positive for COVID-19, and are now requesting a second chance to sit for the exams. The supreme court was informed about the parliamentary committee report by advocate Prashant Bhushan, who was representing an intervenor in the case.

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The bench, which also included Justices A S Oka and C T Ravikumar, asked, "Has the government considered this (committee report) before taking the decision?" Aishwarya Bhati, the Centre's Additional Solicitor General, stated that she does not have any instructions on the matter. "You may think about it in light of this recommendation," the bench said, adding that the government can change its mind at any time. The petitioners and intervenors were urged to make representations to the authority, which would consider them in light of the committee report. "In light of the parliamentary committee's advice, we dismiss this petition and application with a direction to the competent authorities to re-examine the petitioners' and similarly situated persons' representations and make necessary decisions," the bench stated.

The court made it plain that it had not reached a conclusion on the merits of the case. The UPSC recently informed the Supreme Court that there is no provision for re-examination if an applicant fails to appear in the test on the appointed day for any reason, including illness or an accident that prevents him from taking the exam. The Centre stated in its affidavit submitted in court that the CSE is conducted annually by UPSC in accordance with the CSE Rules announced by the Department of Personnel and Training (DoPT) each year for a specific CSE. It had stated that the question of compensatory/extra attempt had already been assessed by the apex court against the argument of problems suffered by aspirants as a result of the COVID-19 pandemic, but that it had not been allowed.

The affidavit alluded to the high court's rulings and orders on separate pleas in February and July of last year. It had stated that following the July order, the DoPT received a number of representations requesting the same compensatory/extra attempt. "The concern has been addressed, and it has been determined that changing the present conditions regarding the number of attempts and age limit for the CSE is not viable," it had stated.  It had said that the current age range for admission to CSE is 21 to 32 years, with some exceptions for certain categories of candidates, and that the maximum number of attempts is six, with some exceptions for particular groups of candidates. The UPSC had stated in a separate statement filed with the Supreme Court that any decision regarding age relaxation and compensatory/extra attempts in the civil services examination is a "policy matter" that falls under the domain of the DoPT.

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While two of the three petitioners were forced to withdraw from the main exam, which was held from January 7 to 16, after appearing in certain preliminary papers, the third applicant was unable to take any of the papers due to COVID. The petitioners claimed that they tested positive for COVID-19 in RTPCR test reports dated January 13, 14, and 6, respectively, in their plea filed through counsel Shashank Singh. According to the appeal, the petitioners were unable to take the UPSC mains examination after testing positive for COVID-19 and due to the government's rigorous quarantine standards. "In addition, there was no UPSC policy that could give arrangements for such petitioners who were COVID positive during the mains examination or before it," it had stated.