Age-barred UPSC aspirants’ challenge: SC query to govt
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Court asks ASG to get directions by Tuesday about eradicating age-bar clause from govt proposal
The Supreme Court on Monday instructed the federal government to not be “rigid” about giving one other likelihood to age-barred UPSC (Union Public Service Commission) aspirants, whose preparations for the civil companies examination in October 2020 had been 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, requested Additional Solicitor General S.V. Raju, for the federal government.
Mr. Raju stated the federal government was not being inflexible. The officers had agreed to give one other likelihood to “last attempters” who took the October 4, 2020 prelims on the situation that the leeway wouldn’t prolong to those that have now crossed the age of eligibility.
Justice Khanwilkar noticed, “The pandemic situation was extraordinary. Some of these candidates were serving in essential services. There are genuine cases also…”
Policy area
Mr. Raju stated the case can be encroaching into coverage area.
Justice Khanwilkar stated, “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 federal government placed on document a proposal permitting those that took the October 4 examination as their final try one other likelihood, supplied they weren’t age-barred now.
SC/ST aspirants’ case
The aspirants, after finding out the federal government proposal, on Monday, stated it could not profit the SC/ST aspirants amongst 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 a number of the aspirants, submitted.
According to official statistics in courtroom, 3863 candidates, who made their final try on October 4, will not be age-barred. However, 2,236 are age-barred now.
The courtroom requested Mr. Raju to get directions by Tuesday about eradicating the age-bar clause from the federal 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 acknowledged.
Senior advocate P.S. Narasimha, for another aspirants, stated it could be “arbitrary to say age-barred persons would not be considered”.
The attorneys stated any relaxations up to now UPSC exams had encompassed all classes with out 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 federal government facet stated it was “agreeable” to give an “ex-gratia, one-time, restricted relaxation” to UPSC candidates who appeared within the Civil Services Exam – 2020 as their “last permissible attempt”.
A authorities be aware had additionally acknowledged that the candidates whose variety of makes an attempt haven’t exhausted can not avail of this one-time rest. “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 stated.