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Shaher yar   14 March 2024

Challenging date sheet of competitive exams

Greetings. State Public Service Commission conducted exams and declared final result. After a month final result was withdrawn and new result was declared. It was in total violation of the rules provided. Many candidates who qualified first result failed in revised result and filed writ petitions. Court allowed them to appear in the exams on 10 March. They filled the form on 12 March. Date sheet was announced and exam is scheduled from 26 March. They want to challenge the examination date as they feel they got very very less time of only 12 days for competitive exam. They claim it is violation of Article 14 as it is not an equal treatment . Are there any judgement on the point of deferring exams ? Any guidance on this topic is welcome. Thank you


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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

You cannot get any judgment also in this short time because what will you do with this judgment without approaching court with any case against the commission.

You have to appear before high court with another writ petition seeking to get your grievances redressed and if they are genuine and you have any merits then the high court will pass a favorable order.

Kartikey Tiwari   14 March 2024

Challenging the Exam Date Due to Short Notice,the candidates have grounds to challenge the exam date due to the short notice. Here's why:

Right to Fair Opportunity (Article 14): Article 14 of the Indian Constitution guarantees equality before the law. This includes the right to a fair opportunity to compete in exams. The short notice (12 days) could be seen as a disadvantage compared to those who prepared for the originally scheduled exam.

Principles of Natural Justice: These principles ensure fairness in decision-making by authorities. Short notice could be seen as a violation of these principles, as candidates haven't had adequate time to prepare.

Previous Judgements:

While there's no single definitive judgment, various court cases have addressed similar situations :

In the case of Brij Praksh Gupta vs Ashwini Kumar, the Delhi High Court dealt with the admissibility of evidence in a civil suit, which is not directly related to the deferral of exams but touches upon procedural aspects in legal proceedings.

In another case, Sachin Kumar & Ors. vs Delhi Subordinate Service Selection Board (DSSSB) & Ors., the Supreme Court of India dealt with the cancellation of an entire selection process by a public authority and the subsequent judicial review. This case may provide some insight into how the courts view changes in examination schedules and results, although it’s not directly about deferring exams.

The principle of non-arbitrariness and reasonableness is part of Article 14, as seen in Anil Lamba & Ors. vs Govt. Of Nct & Ors. This principle may be invoked in cases where candidates feel that the deferral of exams or changes in the examination schedule are arbitrary and give them insufficient time to prepare, thus potentially violating their right to equality under Article 14.

Recommendations:

The candidates can take the following steps:

Joint Petition: Collectively file a writ petition challenging the exam date with the concerned High Court. The petition should highlight the violation of Article 14 and principles of natural justice due to short notice.

Highlight Difficulties: The petition should detail the difficulties faced in preparing for a competitive exam with limited time. This could include gathering study materials, revising, and taking mock tests.

Request for Deferment: The petition should request a reasonable deferment of the exam date to allow for adequate preparation time.

Additional Points:

The court will consider the specific circumstances, including the complexity of the exam and the prior preparation time available before the initial result withdrawal.

It's crucial to present a strong case with supporting evidence (e.g., copies of notifications, revised result date) showcasing the unreasonable time crunch.

Consider seeking legal advice for drafting the petition and navigating the legal process.

Remember: There's no guarantee of success, but by taking action, the candidates can argue for a fairer chance to compete in the exam.


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