No provision for holding re-examination, Commissions SC tells

The UPSC has told the Supreme Court that there is no provision for holding a re-examination in the event that a candidate fails to appear in the test on the scheduled date for any reasons, including illness or accident. t make it impossible for him to take the exam. The Union Public Service Commission (UPSC) has submitted an affidavit to the Supreme Court hearing a plea of ​​three aspirants who deleted the UPSC CSE 2021 preliminary examination but could not appear in all the papers of the main examination after positive testing for COVID-19 and now looking for an extra attempt to appear in the exams.

The UPSC said that any decision regarding age relaxation and compensatory / extra effort in the civil service investigation is a policy issue that falls within the domain of the Personnel and Training Department (DoP & T). The Commission normally holds 13 examinations excluding various recruitment tests in a year. As far as these exams are concerned, there is no provision for holding a re-examination in case a candidate (s) fails to appear in the exam on the date (s) for any reason, including any ailment / accident that makes him or her impossible to pass the exam, it said.

In the past, the Commission has not conducted a re-investigation under similar circumstances, it said. The oath states that the UPSC conducts the civil service investigation strictly in accordance with the examination rules annually framed by the Government of India in the DoP&T.

It said over the years, a cycle has evolved with recruitment, training and final appointment that ensures the government gets its necessary manpower on time and any disruption at any stage has the potential to complete the entire cycle not only for one-time annoyance, but likely cascading effects in the future as well. The Commission said that the issue of compensatory / extra attempts in the past was considered by the Supreme Court against the plea of ​​difficulties faced by aspirants due to the COVID-19 pandemic, but the same was not granted.

It said that the main (written) survey of the civil service 2021 was successfully carried out in 24 centers (cities / towns) on the schedule dating from 7 January 2022 to 16 January 2022 throughout the country following COVID-19- protocols, which do not mandate the creation of a separate scheme for COVID-infected candidates. The Commission said that in order to carry out its constitutional obligations to provide the government with timely manpower to fill the vacancies in crucial positions, it is imperative that the UPSC adheres to its exam schedule well in advance. are prepared.

If the commission will make a re-examination provision, it will hardly be possible to complete its examination on time. This will include complete derailment of the schedule of post-exam activities of a particular exam, but will also have cascading effects on the schedules of other continuing exams, as well as other exams that follow, the affidavit said. The receipt of such applications will, in fact, lead to a chaotic situation in which no exam can be completed on schedule, as a result of which vacancies in the government will remain insufficient for an indefinite period and the aspirants of the Commission exams as well. stay tuned when the results will be announced or when the next ad for the recruitment will be issued, the UPSC said.

He said the prayers made in the petition relate to core aspects of qualification that are well defined in the rules framework by the DoP&T in consultation with the UPSC. Under the circumstances, DoP&T is also a stakeholder in the process of conducting examinations for official services. Because the views and views of the DoP & T can also be considered in the interest of justice on the issues raised in the written petition, it said. The center had told the Supreme Court on Monday that the call regarding additional attempts to appear in the UPSC exam should be taken up by the DoP&T.

The Supreme Court is scheduled to hear the case on March 25. While two of the three applicants had the intermediate exam, held from January 7 to 16, in between after appearing in some first papers, the third aspirant could not appear in any of the papers because of COVID. The petitioners, in their plea filed by attorney Shashank Singh, have said they are testing positive for COVID-19 in the January 13, 14 and 6 January RTPCR test reports.

The plea said the applicants could not take the UPSC net investigation after testing positive for COVID-19 and because of the restrictions imposed under the government’s strict quarantine guidelines. There was also an absence of any kind of UPSC policy that could provide arrangements for such petitioners who were COVID-positive during or before the span of the net investigation, it said.

The petitioners approach this court under Article 32 and seek an instruction from the Respondent / UPSC to extend them an additional (extra) attempt to appear in the investigation or alternatively, make an arrangement to appear in the remainder of papers that the petitioners could not provide for the publication of the result of official survey in 2021, the plea said. It argued that the lack of policy and no regulation to include COVID-19-positive applicants to appear in the 2021 officials ‘main survey violated their rights, including those under Article 14 (Equality before Law) of’ the Constitution of India.

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