The central government on Friday opposed a plea filed by UPSC aspirants seeking an extra attempt at the civil services examination after missing it due to Covid-19.
“We have filed an affidavit. Additional attempts are not possible. We have considered that,” additional solicitor general Aishwarya Bhati, appearing for the Centre, told the Supreme Court.
In its affidavit, the Centre has said that the Civil Services Examination (CSE) is conducted by the UPSC annually in accordance with the CSE Rules notified by the Department of Personnel and Training (DoPT) every year for a particular CSE.
It said the matter of compensatory/extra attempt has been adjudicated by the apex court in the past against the plea of hardships faced by the aspirants due to the Covid-19 pandemic, but it was not granted.
The affidavit referred to the judgement and order passed by the top court last year in February and July 2021 on separate pleas.
It said after the July last year order, a number of representations were received in the DoPT putting forth the same demand of compensatory/extra attempt.
“The matter has been considered and it has not been found feasible to change the existing provisions regarding the number of attempts and age-limit in respect of the CSE,” it said.
The Centre said that any relaxation to the age limit and the number of permissible attempts due to the Covid-19 pandemic could lead to similar demands being made by other categories of candidates.
“It will also impinge on the chances of other candidates who are eligible as per the existing provisions because it will increase the number of candidates competing with such candidates. It will also lead to the similar demands by the candidates of other examinations conducted all over the country,” it said.
The affidavit said the existing age range for admission to CSE is 21 to 32 years with relaxation for certain categories of candidates and the permissible number of attempts is also six with relaxations for certain categories of candidates.
While seeking dismissal of the petition, it said the existing rules provide for fair opportunities to the aspirants to make an attempt at this examination to secure a placement in case one attempt is lost due to some exigencies.
The UPSC had also recently told the top court there is no provision for holding re-examination in case a candidate fails to appear in the test on the scheduled date for any reasons, including ailment or accident incapacitating him to take the exam.
In response, petitioners have also filed a rejoinder affidavit, stating they did not fail to appear in the examination on their own volition and were forced not to appear in view of the Covid-19 guidelines laid down by the ministry of home affairs and ministry of health and family welfare.
They have said that previously in 2014 and 2015, DoPT gave additional attempts due to sudden changes in the syllabus.
The rejoinder affidavit, filed by advocate Shashank Singh, said the petitioners are entitled to a compensatory attempt in place of their missed last attempt due to Covid-19 and the absence of a policy for them.
In its affidavit filed in the apex court, the UPSC has said that any decision regarding age relaxation and compensatory/extra attempt in the civil services examination is a “policy matter” which falls under the domain of the DoPT.
The SC bench, comprising of Justices AM Khanwilkar and AS Oka, on Friday said it would hear the matter on 28 March and asked the apex court registry to circulate the affidavit along with the paper book of the case.
It is 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.
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