Thread by @barandbench

After Centre and #UPSC had informed #SupremeCourt that it is agreeable to grant an ex gratia extra attempt for Civil service aspirants exhausting their last attempt in October 2020 for #CSEprelims, Justice AM Khanwilkar led bench to hear the case today

However, the proposal by the Centre is subject to conditions. Read more about it here: #UPSCExam
#SupremeCourt

barandbench.com/amp/story/news…

Centre informs that the note was circulated to all.

Senior Advocate Chander Uday Singh appears for an intervenor: difficulty is with regard to the age bar.

Justice Khanwilkar: We are not in age now. We are on people who have exhausted attempts but are not age barred

Advocate Kanu Agarwal (centre): The condition for this note was that this matter is disposed off.

Senior Adv Singh: 3,863 appeared last time before the court and are not age barred. The one who are age barred and exhausted last attempts are 153. If age bar is not relaxed, all SC ST and handicapped candidates are ruled out.

Singh: SC ST candidates have an age bar of 37 and unlimited attempts but by this formula they all are excluded

Senior Adv PS Narasimha: Age bar are the most affected and vulnerable people. Covid has drastically changed their position. The IAS aspirations will be totally done away with. They will now be completely excluded

Narasimha: if age barred people are excluded then it will be arbitrary though I don't want to use any harsh words.

Justice Khanwilkar: How will age barred candidates candidates included?

Naramsinha: government has powers under the regulation. These people have tried a lot

Senior Adv CU Singh: When relaxation was given in 2011 for one time it was given in 2014 and age bar was also included in the same. In 1992 one compensatory attempt and five age relaxations were prepared..

Justice Khanwilkar: 32 is not an unreasonable age bar

Senior Adv Singh: SC ST will be completely left out

Senior Advocate Shyam Divan: please look at the comments we have made on chart submitted by the Centre. Age limit has varied from 24 to 33 for general category. Then increase or decrease in age limit has not been uniform.What we are seeking is 33 years age limit as it was in 1993

Justice Khanwilkar: If it's allowed in this exam then it will follow in other examinations. ..

Divan: everybody wanted to give 100 percent. We want to appear in a competitive exam once more. We had tremendous difficulties to put in our best effort.

Divan: Many of them had last attempt and hit by the age bar. The one who had age bar had same issues like being frontlinr workers or had issues due to which they could not focus due to the covid19 pandemic.
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Divan: The way the candidates look at is that they are grateful for one more attempt but don't hit the ones who were age barred. Even 34 year Olds have been allowed in 2015 then why cannot our limit of 33 be expected. They needs to be treated as a single homogenous class

Divan: Syllabus for this exam needs extensive preparation with access to material and coaching centers. Public employment gives equal opportunity by acknowledging the role of privileges associated with it

Justice Khanwilkar: You don't have to go that far

Divan: Lifting age bar is appropriate to be considered

Justice Khanwilkar: Court cannot direct the union in policy matters

Senior Adv Pallav Shishodia: I appear for Corona warriors in police. The age bar for them appear only with 10 to 15 days lag. They will be harshly affected

Justice Khanwilkar to ASG SV Raju: all that they are asking is if they are age barred then give them one more attempt. Is it okay to be rigid in this aspect due to the extra ordinary circumstance we have all gone through

ASG SV Raju: we were of the view that relaxation cannot be granted but then we did after the court suggested the same

Justice Khanwilkar: Is there a way out. Some are getting ruled out due to some days bringing age bar. Can it be extended to all without age bar

SC: We are also for it that age should not be changed but since you have done it before cannot you do it again for this extraordinary situation. Some of the candidates were in essential services. May be some will get undue benefit but there are genuine cases also

SC: Only 2,200 more candidates will be benefited. You can take an order from us that this will not be a precedent. Policy is made with sight to on ground reality and present situation.

Raju: look at the opportunities these people were given. Extra 8 months was given to them

ASG SV Raju: I will put it across to you why it is not possible. They have no case on merits.

SC: If you want you can get it done. Only 2,236 candidates will be benefitted if you adjust the age bar.

ASG: please hear me.

SC: hearing means you are inviting us to say which we did not want to say

ASG Raju: suppose a person is not age barred and Oct 2020 was his sixth attempt and then be does not appear even after filling forms then they were allowed to backout at the last minute. Litigation is not meant for people who were sitting on fence

Matter to be heard tomorrow. Arguments to be advanced on merits.

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#UPSC