The Supreme Court on Monday told the government to not be “rigid” about giving another chance to age-barred UPSC (Union Public Service Commission) aspirants, whose preparations for the civil services exam in October 2020 were hampered by COVID-19.
“They [aspirants] are asking you to give another chance... Is there a need to be rigid about this issue,” Justice A.M. Khanwilkar, heading a Bench, asked Additional Solicitor General S.V. Raju, for the government.
Mr. Raju said the government was not being rigid. The officials had agreed to give another chance to “last attempters” who took the October 4, 2020 prelims on the condition that the leeway would not extend to those who have now crossed the age of eligibility.
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Justice Khanwilkar observed, “The pandemic situation was extraordinary. Some of these candidates were serving in essential services. There are genuine cases also...”
Policy domain
Mr. Raju said the case would be encroaching into policy domain.
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Justice Khanwilkar said, “Policies are made keeping in mind contemporaneous situation. If you want it done, you can get it done”.
Mr. Raju submitted, “All these last-attempt candidates had appeared in the October 4 prelims last year. Had they not been able to prepare well, they could have opted out and benefitted from the one-time relaxation. They took the chance in 2020. Now they cannot sit on the fence and want another chance.”
On February 5, the government put on record a proposal allowing those who took the October 4 exam as their last attempt another chance, provided they were not age-barred now.
SC/ST aspirants’ case
The aspirants, after studying the government proposal, on Monday, said it would not benefit the SC/ST aspirants among them.
“For SC/ST candidates and handicapped candidates, there is no limit in the number of attempts. So if the benefit of another chance is given to only last-chance candidates, SC/STs will be excluded,” senior advocate C.U. Singh, for some of the aspirants, submitted.
According to official statistics in court, 3863 candidates, who made their last attempt on October 4, are not age-barred. However, 2,236 are age-barred now.
The court asked Mr. Raju to get instructions by Tuesday about removing the age-bar clause from the government proposal.
“The age-barred candidates are the most vulnerable people here. COVID-19 drastically changed their prospects. Their aspirations for a civil services career will be totally done away with if not given another chance,” Mr. Singh stated.
Senior advocate P.S. Narasimha, for some other aspirants, said it would be “arbitrary to say age-barred persons would not be considered”.
The lawyers said any relaxations in the past UPSC exams had encompassed all categories without exception.
“They are not seeking a job or a salary. They are seeking their right to take a competitive exam. Since the government was gracious enough to give another chance, why should someone who faced the same troubles owing to the pandemic now be denied the chance because of age. The consequences and impact of the pandemic on preparations were the same for all. The difficulties they had faced were not of their doing but due to external circumstances,” senior advocate Shyam Divan submitted for the aspirants.
Feb. 5 stand of govt
On February 5, the government side said it was “agreeable” to give an “ex-gratia, one-time, restricted relaxation” to UPSC candidates who appeared in the Civil Services Exam - 2020 as their “last permissible attempt”.
A government note had also stated that the candidates whose number of attempts have not exhausted cannot avail of this one-time relaxation. “This relaxation for the candidates, and to the extent as prescribed shall be a one-time relaxation only and shall apply only for appearing in CSE-2021 and shall not be treated as a precedent. The relaxation shall not create any vested right whatsoever or any other purported right on ground of parity or otherwise, in favour of any other set/class of candidates at any time in the future,” it said.