Thread by @LawBeatInd

Delhi High Court's bench of Justice Kameswar Rao will shortly hear a plea seeking postponement of UPSC Mains Examination, 2021 scheduled from January 7 to January 16, 2022 in view of the 3rd wave of #COVID19.

#UPSC #civilservices #upscmains2021

Hearing to commence shortly.

#UPSC #civilservices #upscmains2021

Adv Anushree Kapadia: I appear for the petitioner. Apart from candidates who already would have contracted Covid19, there would be those who may contract during exams and will not be able to give the remaining exams.

#UPSC #civilservices #upscmains2021

Kapadia: These are not preliminary exams, the candidates are bright ones, they've already cleared Prelims, and have worked hard for Mains.

Kapadia: The larger public health is at stake, it is my fundamental right to stay at home, to not risk my health.

#upscmains2021 #UPSC

Delhi HC enquires if the exam centres are all in Metro cities, Kapadia informs Court that the centres are in large cities only.

Adv Naresh Kaushik for UPSC: Last year, even during the most dangerous #Covid-19 delta variant the Supreme Court had refused to postpone the exams.

Kaushik: In light of the various preparation, the SC had refused to postpone. This is the most premium examination, crucial to functioning of the Government. This variant is comparatively mild, they can wear double masks and appear.

#upscmains2021 #UPSC

Kaushik: Life itself is a manifestation of various risks and threats. And n number of candidates have already downloaded Admit Cards, they've burnt the midnight oil. These exams were to be conducted in Oct-Nov, already delayed to January.

Kaushik: UPSC will not be able to deal with its constitutional duty. Supervisors have already reached the centres, the exams are due to start tomorrow.

#upscmains2021 #UPSC

Kapadia: There is no protocol in place, no social distancing norms in place. The candidates will be put at threat while travelling to the cities, staying at hotels, then sitting at the centres for 6 hours together. 30 candidates in each room.

#upscmains2021 #UPSC #Covid-19

Kapadia presses that these are Mains candidates who have acquired the right to appear for the exams after clearing Prelims, and that their right will be prejudiced if the exams are not postponed, or if the conduct of exams is hampered midway for any reason.

#UPSC #upscmains2021

Kapadia has also cited a circular by UPSC which provides for centres to have "2 Surplus exam rooms for accommodating candidates who would be coughing, sneezing, having breathlessness, feeling feverish so that they can take exams under appropriate safety protocols".

Kapadia: My Lords, they are aware that such a situation would arise, this is in gross violation of the rights of candidates. Serious medical situations may arise, hospitalizations may be needed. With breathlessness etc symptoms, they are expected to sit through exams for 6 hours!

Delhi High Court passes over matter for 3 pm.

#UPSC #UPSCMains #upsc2021

Kapadia: Different states have different SOPs. For instance in Tamil Nadu no public transport is allowed in the state on Sunday, so these candidates will not be able to reach the centres unless they are in walking distance from it.

#UPSC #upscmains #upscmains2021

Kapadia: There is no requirement for testing also, so I ask myself that if some persons do have Covid-19, can they be allowed to give the exam still and spread it to others? My ld. friend is right that symptoms are mild so it is possible one may have it, or be asymptomatic.

Kapadia: All the cities where numbers are rising, doubling every two days. It is not that the candidates will be at their homes, they will be outside, travelling. For 10 days they will be exposing themselves at every point.

#UPSC #upscmains #upscmains2021

Kaushik: It is already 4 pm, the serious candidates would already have reached, preparations would have happened. Chief Sceretaries and DMs of all the places where the exams are happening have been informed.

The general candidates have 6 attempts, OBC/SC/ST have 8.

Kaushik: So one attempt will not make a difference. She says UPSC would have received thousands of representations for postponement, but that is wrong.

Kapadia: My Ld. Friend may make a statement as to how many you received.

#UPSC #upscmains #upscmains2021

HC: Yes please tell us.

Kaushik: Only 61 have made representations, and 61 have only not downloaded the Admit Cards. 9085 candidates have already downloaded. I don't know if these are the same 61 candidates.

HC: Petitioners have downloaded?

Kapadia: Yes, they have.

[BREAKING] Delhi High Court refuses to grant any stay on UPSC Mains 2021.

Petitioner's seek that the stay may not be granted but the matter should not be dismissed so they may approach Court in between between exams if necessary.

Delhi HC refuses: Matter is dismissed, I will pass orders.

#UPSC #UPSCMains #upscmains2021

Petitioners*