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Supreme Court defers its hearing in a plea seeking extra attempt in UPSC Mains 2021

The Supreme Court has deferred its hearing till March 7, 2022, in a plea seeking extra attempt in the UPSC Mains 2021, as they could not be able to appear in the Mains due to Covid-19. The bench has asked the petitioner to serve copy of their petition to respondents. 

In today’s hearing, before the bench of Justices AM Khanwilkar & CT Ravikumar, the Counsel for the Petitioner Senior Advocate Gopal Sankaranarayanan apprised that present petitioners could not be able to sit for UPSC Mains as they were affected by the Covid-19. 

“Present plea filed by UPSC Candidates, this is little different. It is unfortunately with reference to the main exams which was held in the second week of the January over six days, of the three petitioner before the bench. Two of them had infact taken five papers before the RTPCR test, that they themselves had Covid. They could have suppressed the facts and spread the Covid but they didn’t”

-he said. 

The court directed him to serve  advance copy to the Respondents. In light of that, the matter will be heard on 7th March.

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This present writ petition before the Supreme Court is in relation to UPSC aspirants who have cleared the UPSC-2021 Prelims Examination, and were entitled to appear in the UPSC Mains Examination which was scheduled from 7th to 16th January, 2022.

However, Petitioner No. 1 and 2 had to leave after appearing for only two papers, whereas Petitioner No. 3 could not appear for any of the papers of the Mains Examination. The aforementioned Petitioners could not write the Mains Examination owing to the fact that they were Covid Positive and in accordance with the restrictions imposed by the Government under the strict quarantine guidelines, they were prevented from writing the Exam. It has been contended in the Writ Petition that there wasn’t any kind of policy of UPSC which could provide arrangements for Covid-Positive examinees. Additionally, it was contended that the 2022 Exams were the last or second-last attempts of the aforementioned Petitioners, owing to the age-bar.

The Petitioner has approached the Supreme Court seeking directions as against the Respondent-UPSC so that an additional attempt to appear in the Exam may be extended to the Petitioners or alternatively some arrangement be made to allow the Petitioners to appear for the remaining papers that they were unable to write. 

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Further, it was contended that the lack of policies or arrangements thereof to accommodate Covid-Positive Examinees had violated the Petitioners’ fundamental rights under Art. 14 and 16 of the Constitution of India, and thereby remedy is being sought under the auspice of Art. 32 in this present writ petition before the Apex Court.

The Petitioners, in the writ petition prayed that this Hon’ble Court may issue appropriate Writ/Order/Direction to the Respondent No. 2, i.e. the UPSC to extend the benefit of additional/extra attempt to Petitioner Nos. 1 & 3 or issue appropriate Writ/Order/Direction to the aforementioned Respondent to make arrangements for the petitioners to appear in the rest of the papers which they were unable to write before the publication of the result of Civil Service Mains Examination 2021 or pass any further order/s as to this Court may appear fit and proper.

Case Name- Arjit Shukla and Ors. Vs Union of India & Anr. 

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