Thread by @barandbench

Can UPSC prelims scheduled for October 4 be postponed due to #COVID19 ?

Supreme Court to shortly take up plea urging court to postpone #UPSCprelims. UPSC has informed court that exams cannot be deferred as it would affect next year's prelims too.

@advocate_alakh #SupremeCourt

Petitioners set to argue:

1. No Response given to the plight of the UPSC aspirants, who are working as Frontline CORONA WARRIORS, Doctors, Defense Personnel, Pregnant Ladies, Administrative Officers etc.

2. No Response given to the plight of the last attempt aspirants

3. No Response given to the point of – “Lack of Equal Level Playing Field”

4. Many states like – Madhya Pradesh, Maharashtra, Bihar, Tamil Nadu, AP, Rajasthan etc. have postponed their Public Service as well as Judicial Services Exams due to COVID-19 pandemic

Hearing to begin shortly

@UpscIndia33 @CivilserviceInd
@GSUPSC @advocate_alakh
#PostponeUPSC_CSE

Matter begins

Adv Alakh: We have sought deferment of the UPSC exams

Senior Adv VK Shukla: UPSC is bent upon holding the exam ignoring our concerns

SC: don't say bent upon. They are duty bound

@UpscIndia33 @CivilserviceInd
@GSUPSC @advocate_alakh
#PostponeUPSC_CSE

Justice Khanwilkar: be persuasive, not aggressive

Shukla: UPSC needs to be more human. Aspirants are working as frontline covid warriors. They had not prepared to participate in all these activities.

@UpscIndia33 @CivilserviceInd
@GSUPSC @advocate_alakh
#PostponeUPSC_CSE

SC: Its for 10 lakh people and its cannot be customized area or individual wise. We have seen the affidavit by UPSC. They have said all arrangements been made. They will take into account more arrangement. But should not be held for some students that is not logical

SC: This exam has a cascading effect on other exams. Please use the opportunity to make a suggestions to the UPSC.

SC: There are 72 centres and 2500 sub centres there. Distance will be between students

Shukla: students travel distances and that was the main concern

Shukla: front line COVID warriors etc are aspirants and are rendering services for these people. UPSC has not said a word about them

SC: Tell us the number of such candidates? Details?

Shukla: we don't have full details. But one of the petitioner is a covid warrior

SC: If there is 10 out of 10 lakhs then doctrine of proportionality has to be kept in mind. If its significant number we can ask authorities to consider them.

Shukla: NEET was in 150 centres but UPSC will be in 72 centers

SC: There are 2.6 k sub centers

Shukla: There are travel issues too

SC: Everything is getting unlocked and there are facilities now

Shukla: trains services have not fully resumed.

SC: If there is a complete lockdown or curfew situation then its a different issue but that's not the case in any city

Shukla: many students have been deprived of educational resources. Colleges and libraries are shut..

SC: finish transport point. Which are the cities which are completely in lockdowm or curfew?

Shukla: we don't have this at the moment

Shukla: many students have not been able to study. Libraries are closed which is a big help for students of every strata of the society. Full preparation cannot be compromised

SC: In that case performance will be uniform

Shukla: but aim is to get the best talent

SC: May be you are thinking about 1950s. Now all study material is available on the internet.

#SupremeCourt
#UPSC2020

Shukla: relaxation on number of attempts need to be given to the students who are appearing for the last attempt

SC: Affidavit says attendance for this exam has always been close to 50 percent. This is the diff between aspirants and the ones who actually take the exam

Shukla: atleast look into the issue of attempts and age relaxation.

SC: Yes this can be taken into account. This suggestion will be put to other side.

Shukla: the exams will now lead to denial of equal opportunity

SC: all candidates are facing uniform problems and are placed equally. Let us go to the next application

Adv Anushree: NTA had claimed that best interest of candidates is of paramount importance. Here candidates are from varied strata. In the present situation their movements are strictly restricted. Traibs in rural areas have not resumed

SC: UPSC has asked Chief Secretaries of all States to arrange transport . You are aspiring to become a public servant. You are not a student. Tell me how many public exams have been conducted in the recent past? Was it not acceptable to everyone?

Adv: But for them special SOPs were issued so that safety and hygiene is maintained. These students don't have means of transport

SC:That is your assumption. There have been exams where 2 lakh students appeared in one exam.

Adv:but students from below poverty line will appear

SC: That is the social fabric of the country! You don't know about arrangements made.

Adv Anushree: I have filed an application about students who have no means to travel. It is not listed

SC: every year there are some issues. Like environmental issues etc, and this is not a case of students appearing, these are to be public servants and they should act like that. Come out of your shell and comfort zone

Adv: Please consider then the request of relaxing the number of attention and age.. there are also many who can't get hotel accommodations. Some directions are needed so that hotel is given for students in basis of admit card as some states seek COVID report etc

Adv Anushree: If some other provision can be made for the COVID positive students where they can appear separately and write the exam.

Adv Sumanth Nookala for an intervenor: number of students in an exam centee should be in conformity with the MHA guideline

Adv Anushree: Please consider merging 2020 prelims and 2021 prelims

SC: Is UPSC aware of the grievances for the officers who are not being given leave for the exams from COVID duty, specially covid warriors? What arrangements are for them?

Adv Naresh Kaushik: I have not received any such representation. I will verify again.

Adv Kaushik for UPSC: It was first to be held on May 31...

SC: We have read..

Adv: so far as facilities are concerned, 2 phased options was given to change the centres to candidates

Adv Kaushik reads the letter of UPSC to cabinet secretary.

SC: Point us to the response where authorities agreed to your requests

Adv Kaushik: We have written to all the Chief Secretaries of states. We have requested that public transport level run at an optimum level during the exam and also till October 3. We have also given a complete list of centers

Adv Kaushik: We have asked the Chairman of the Railway board too to issue suitable directions. We have also stated that CSE prelims 2021 will be delayed too. Not even a single instance of grievance has been recieved by us.

Adv Kaushik: we have recieved no grievance saying any candidate is facing any handicap. In fact we have recieved requests to not postpone it further. I agree that internet is also there to aid and help. There are 6 chances to appear in this exam. Submissions are too generalised

SC: there is a suggestion that students be given hotels on basis of admit cards. Is it possible to do that ? Is it possible to have separate centres for COVID positive students?

Adv Kaushik: If we have any request we will make separate seating arrangement

SC: You will get overnight requests. You are not getting our point.

Kaushik: every centre has a separate arrangement for COVID positive people.

SC: but there are instructions that such patients cannot travel. It requires isolation how can lives be risked? We cannot breach protocol by saying quarantine has to be violated.

Adv Anushree: But a positive student was allowed to take CLAT

SC: that one instance cannot become the norm

SC: If a candidate is unable to appear. Then can he be given another option for appearance.

ASG SV Raju: There may be a later situation of Typhoid, fever etc. Today juts COVID. That is why six attempts have been given. Rules do not provide that.

SC: it has to be done one time

ASG Raju: It cannot be done.

SC: if the person is within age limit can a one time option be given to the candidate?

SC: You cannot compare typhoid etc with a pandemic!

SC: Merging exams are not possible. But does UPSC guidelines conform with MHA guidelines. If there is any lacuna please seek supplementary guidelines.

ASG: We will seek instructions on this

Adv Anushree: some directions must be given to check trains are available. It should be made public that trains have resumed.

SC: Please inform the railway authorities to do so. (To ASG Raju)

SC: relaxation of age should only be for the last attempts and not for others. This suggestion can be looked at.

Adv Anushree: especially for frontline workers.

SC: there is no case before us

Adv Anushree: my client is the father of a serving CAPF officer. He is running a quarantine centre. How can he be expected to leave duty and come?

SC: Show us the request for leave letter

Adv: its an unprecedented situation. My client is appearing for the last attempt

SC: He can appear in duty and the exam. We have not seen this before too

Adv: there are hundreds of frontline workers. UPSC wants the best talent, hence the submission. He has a 18 hour duty.

SC: how can you make allegations against railways and expect observations. This is the new culture of PIL. We can't decide on the basis unsubstantiated allegations. Here its not the case that Railways did not respond.

SC: Consodeting the fact that public exams have been conducted in the recent passed it is a testimony of fact that a SOP is followed by MHA to conduct such exams. Lack of transport facilities across all centres including 2,569 sub centres have not been substantiated

SC: UPSC also allowed candidates to change the centres. Next issue was about students who couldn't prepare during lockdown. But online resources were available

SC: Am extra attempt is sought for the ones who are taking the last attempt as they might not able to appear due to the pandemic. In this regard we have impressed upon ASG Raju to explore possibility for giving them one more attempt to such exams without extending age limit.

SC: ASG has stated it will be concerned and a formal decision will be taken expeditiously.
Different states have different SOP including not permitting admission of persons coming from.other states.

SC: In this regard, UPSC may issue directions to states to see that candidates with admit cards will be admitted in local hotels near sub centres/centres

SC: Regarding appearance of COVID patients being allowed to appear in exam with separate arrangement. It is not possible to entertain such general prayers. SOP requires that COVID positive ones are to be in isolation and quarantine.

SC: allowing COVID positive people inside cenres will expose other candidates which is avoidable. We need not direct on this aspect any further

SC: UPSC should ensure separate sitting arrangements for candidates who are suffering from cough and cold during the test.

SC: UPSC has to ensure conformity of their guidelines with that of MHA especially to see more than 100 candidates are not allowed in one centre. The SOP issued by UPSC if found not in conformity, then supplementary SOP to be issued.

SC: It was suggested that merging of 2020 prelims and 2021 prelims be done. We are not impressed by this. Resorting to this will lead to cascading effect on other exams as stated in Affidavit. UPSC should make available all facilities and follow all protocol.

#SupremeCourt