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OVERVIEW

• The Department of Personnel and Training filed an affidavit in the Supreme Court submitting that, no extra chance will be provided to those candidates who have exhausted all their attempts at giving the UPSC examination.

• The Counter-Affidavit has been filed in a plea seeking for an extra chance to be provided to those Civil Service aspirants who had given their final attempt in October 2020.

• In the hearing held on 22nd January, ASG S V Raju informed a Bench that, the Central Government would not be providing an extra chance to candidates and he would file an affidavit iterating the same.

• The affidavit enlisted the reasons why the Central Government is not conducting examination for the exhausted candidates.

• It made an observation that. The petitioner have only approached the Hon’ble Supreme Court after the publication of result.

• It also observed that, the UPSC had made all the necessary arrangements to conduct the preliminary examination in 2020 at a safe and secure atmosphere.

• Also, an option was given to the candidates to choose their centre, so as to cater to those who had to move due to pandemic.

• The Affidavit further states that the contention of the Petitioners that the pandemic hampered their preparation "does not hold weight as the UPSC had already given extra time to the candidates by postponing the CS (Preliminary) Examination-2020 from 31.05.2020 to 04.10.2020". It has also been underlined that the conditions would have affected every candidate in a similar manner, "thus still maintaining a balance amongst all the candidates.

• It was pointed out that, giving additional chance to one set of candidates would amount to extending differential treatment to similarly placed candidates.

• On Monday, when the case was taken up, the petitioners sought time to file rejoinder to the counter-affidavit of the Union. Accordingly, the case was adjourned to January 28.

HOW IT STARTED?

1. On 30th September - Supreme Court directed Centre and the UPSC to consider granting extra chance to candidate who otherwise have their last attempt in 2020.

2. On 26th October - The Department of Personnel and Training informed Surpeme Court that,the direction is under consideration of the authority.

3. On 18th December - Solicitor - General Tushar Mehta submitted that, with respect to the plea for extra chance and that a decision in that regard was likely within three or four weeks. The rules might need amendment for granting extra chance.

CONCLUSION

As the affidavit mentions, giving an extra chance will not be a proper decision as the pandemic was there for the others who attended the exams and it will be a differential treatment. But, we cannot deny the fact that, if they do not give a chance it may the last chance of some applicants as per the upper-age limit rule. Let the Apex Court decide it.

DO YOU THINK AN EXTRA CHANCE IS NECESSARY OR OTHERWISE? Let us know!

Click here to download the original copy of the judgment

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