The UPSC has told the Supreme Court that 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. The Union Public Service Commission (UPSC) has filed an affidavit in the apex court which is hearing a plea 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 and are now seeking an extra attempt to appear in the exams.
- Civil services examination conducted strictly as per rules of examination: The UPSC 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 Department of Personnel and Training (DoP&T). “The Commission usually holds 13 examinations apart from several recruitment tests during a year. In respect of these examinations, there is no provision for holding re-examination in case a candidate(s) fails to appear in the examination on the schedule date(s) for any reason including any ailment/accident incapacitating him or her to take the examination,” it said. “In past, the Commission has not held any re-examination under similar circumstances,” it said. The affidavit said the UPSC conducts the civil services examination strictly in accordance with the rules of examination framed annually by the Government of India in the DoP&T.
- Continuous supply of manpower: UPSC is governed by regularity in periodicity and strict format appreciated alot. It submitted that over the years, a cycle has evolved involving recruitment, training and final appointment ensuring that the government gets its requisite manpower on time and any disruption at any stage has the potential of upsetting the entire cycle not only for once but likely to have “cascading effects in future as well”.
- Previous effort to seek extra attempt failed: The Commission 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 the same was not granted.
- There was no arrangement for separate COVID: It said the civil services main (written) examination 2021 was successfully conducted at 24 centres (cities/towns) on the schedule dates from January 7, 2022 to January 16, 2022 throughout the country following due to COVID-19 protocols, which did not mandate making any separate arrangement for COVID infected candidates.
- Constitutional obligation for timely provision of bureaucratic manpower: The Commission said in order to perform its constitutional obligations to supply manpower to the government in a timely manner to fill the vacancies in the crucial positions, it is imperative that the UPSC follows its schedule of examinations which are prepared well in advance.
- Provision for re-examination“If the Commission is to make a provision for re-examination, it will hardly be possible for it to complete its any examination on time. This will entail complete derailment of the schedule of post-examination activities of a particular examination but will also have cascading effects on the schedules of other ongoing examinations as well as other exams to follow,” the affidavit said.
- DoP&T is a stakeholder: “In the circumstances, DoP&T is also a stake holder in the process of conduct of civil services exam. Consequently, the views and stand of the DoP&T also may be considered in the interest of justice on the issues raised in writ petition,” it said.
- Next date of hearing: The Centre had on Monday told the apex court that the call regarding extra attempt to appear in the UPSC examination will have to be taken by the DoP&T. The top court is scheduled to hear the matter on March 25.
- Quarantine Guidelines prevented from taking mains: The plea has said the petitioners could not take the UPSC mains examination after testing positive for COVID-19 and owing to the restrictions imposed under the strict quarantine guidelines of the government. “Also, there was absence of any kind of policy of UPSC which could provide arrangements for such petitioners who were COVID positive during the span of mains examination or before it,” it said. It claimed that absence of policy and no arrangement to accommodate COVID-19 positive petitioners to appear in the civil service mains examination 2021 have violated their rights, including that of under Article 14 (equality before law) of the Constitution of India.
