Thread by @barandbench

#DelhiHighCourt is set to hear a plea seeking postponement of #UPSC #CivilServicesMains exmaninations in view of Covid-19 third wave. The exams are scheduled between January 7 to January 16.

Justive V Kameswar Rao to hear the matter shortly.
#DelhiHighCourt #UPSC #CivilServicesExams

Hearing Starts
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Advicate Anushree Kapadia for Petitioners.
Kapadia: If candidates get Covid they will not be able to appear for the next exams. There is no SOP. If one contracts it he will not be able to sit for further papers.

Advocate Naresh Kaushik appears for UPSC.
Bench: Mr Kaushik your contention is on the maintanibility? Did the authorities consider the aspects?

Kaushik: Even during the Delta wave, the Court rejected the plea considering the fact that public machinery has to be kept in motion. The SC rejected the similar petition.
#DelhiHighCourt #UPSC #CivilServicesExams

Bench: Where are those orders?
Kaushik: Candidates have already downloaded their admit cards. This variant is very mild. If caution is taken they can appear for exams.
Bench: Can you share those orders with the Court?
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Kaushik: There are several other aspects on merits. Exams have to be conducted in a scheduled manner. Many exams are being held. The track has to be maintained for larger public interest. We are already playing catch up. There is a cascading chain reaction.

Kaushik: All these are hypothetical grounds that are being taken by the petitioner.
Bench: When are the exams starting?
Kaushik: Tomorrow.
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Bench: How many candidates appearing?
Kaushik: More than 9000 have downloaded admit cards.
#DelhiHighCourt #UPSC #CivilServicesExams

Kapadia: It is likely that many candidates already have Covid. If they go to Centres they will only spread it. This virus is more contagious than earlier waves. These are people who have already cleared prelims.
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Kapadia: They will be sitting for six hours in a room with 30 students. It will be an unfair setback for aspirants if they are not able to appear for papers.
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Kapadia: They have come up with a press release. It does not even contain any SOP.

Kapadia: They are aware that this is likely to happen. They have set aside two rooms for candidates who are likely to suffer breathlesness and other symptoms. This is unbelievable. They will need hospitalisation.
#DelhiHighCourt #UPSC #CivilServicesExams

Bench: I will take it up at 3 pm. Please share the orders. We will take it up at 3 pm.
Matter passed over.
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Hearing resumes.
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Kapadia summarises her contentions.
#DelhiHighCourt #UPSC #CivilServicesExams

Kapadia: The risk is not only to candidates but to their families. The spike is unprecedented. It is even higher than second wave.
Court is informed that Kaushik is having difficulties in connecting.

Kapadia continues.
Kapadia: There are many sealed and containment zones. There are many people whose building have been sealed. One person from Mumbai cannot go out of his building because its sealed.
#DelhiHighCourt #UPSC #CivilServicesExams

Kapadia: The press release came out yesterday. They say separate arrangments will be made for candidates not feeling well but they will have to sit. This is the most insensitive order from the government.
#DelhiHighCourt #UPSC #CivilServicesExams

Kapadia: These factors have not been taken into account.

Kapadia: Petitioner No. 10 here is a disabled person. He suffers from a disorder affecting his muscle and lungs. The press release fails to take into account the risk posed to him and several others like him.
#DelhiHighCourt #UPSC #CivilServicesExams

Kapadia: I may also point out that two days back, Government came out with a notification reducing to 50% the people allowed to come to government offices. These officials are sitting in their homes and making decisions for candidates.

Kapadia: We should have learnt something from the second wave.
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Kapadia: The SC previously left it open for the UPSC to take measures in future so that a situation like this does not arise.
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Kapadia: My learned friend referred to admit cards being downloaded. They were done on December 15 when there was no serious situation.
Bench: How many centres are there Mr Kaushik?

Bench: And according to you preparations have been made?
Kaushik: Everything has been done. Our supervisors have gone there. In addition to examiners we have head examiners.
Bench: Everything has been dispatched?
Kaushik: Yes, everything is done in war footing.

Kaushik: We made specific efforts to make sure no one misses their exams. We have conducted as many as 29 exams in the last few months and we have not received any complaints.
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Kaushik now reads an order of Supreme Court to point that similar petition was dismissed.
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Kaushik: We have conducted preliminary exams where 10 lakh people appeared. That was a more more difficult task.

Kaushik: The Hon’ble Supreme Court has already considered all these contentions... In every exam there are non serious candidates. SC has said that exams have to be conducted in larger public interest and schedule cannot be changed based on personal difficulties.

Kaushik: The admit cards are still being downloaded. A total of 9156 candidates qualified for mains. Of these 9100 have downloaded their cards. They have worked hard. This exam caters to critical areas of government. People have retired and these areas need to be kept functional.

Kaushik: How would things be managed if exams are not held? We have considered all the aspects and then a conscious decision has been taken.
#DelhiHighCourt #UPSC #CivilServicesExams

Kaushik: Only 61 candidates have not donwloaded.
Bench: Have you given the candidates an option to change their centres?
Kaushik: No no. They have downloaded the cards as per the choice of Centres they filled.
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Bench: You are saying any person who intended to change the Centre has done it?
Kaushik: Yes.
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Kaushik: No person can say my fundamental right will override the rights of everyone else. Years have gone into preparations for exams. It can't be that anyone can come and seek a prayer like this.
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Kaushik now reads the press release issued by UPSC.
Kaushik: UPSC is taking all the steps with help of authorities to esnure public interest is safeguarded.
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Now Kapadia continues with her submissions.

Kapadia: The candidates need to survive the pandemic to be appointed for their posts.
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Kapadia: We have already achieved the hughest number of cases registered in the first wave.
Kapadia loses her connection.
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She appears.
Bench: You have to repeat. There were connectivity issues.
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Bench: On May 13, 2021 the prelims that were scheduled in June were postponed. The SSC exams were deferred midway. These had to be deferred so the arguments that exams cannot be postponed is not tenable.

Kapadia: These exams are the test of their knowledge not their immunity. It can't be like the survival of fittest.
Justice Rao smiles.
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Kapadia: In cities like Chennai everything is shut. In fact, an MP from Tamil Nadu has requested the exams to be cancelled. Everyone who is involved is in danger.
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Kapadia: They we meagre 19 people are worried. Right now my phone is continuously chiming. There are so many people who want to join the petition. They (UPSC) should give a statement as to how many representations they have received with request to cancel the exams.

Kapadia: The government has spectacularly failed to fill judicial vacancies but they are in some sort of hurry to fill these vacancies by putting people's lives in danger.
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Kapadia: There is no way candidates in Chennai can travel to their Centres if they are not in the walking distance.
#DelhiHighCourt #UPSC #CivilServicesExams

Kapadia: Their press release says people from containment zones should also be allowed. This is increasing the threat These people will now be asked to give exams.
Bench: Maybe some direction on separate facility is to be given to them.
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Kapadia: This is not one day thing. These exams are scheduled for 10 days.
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Kapadia: The judgement of SC cited by the UPSC is not applicable in this case. We have a petitioner from Delhi whose Centre is in Ahmedabad. The changing of Centre happened before December 15 so people had no knowledge of Covid third wave then.

Kapadia: It is not that candidates do not have to travel. They will be residing in hotels. For 10 days they will be exposing themselves at every point during the day. States have cancelled their exams.

Kapadia: The Supreme Court judgment also does not apply because it came when the wave had waned. The cases were on decline and conatinment zones were very few.
#DelhiHighCourt #UPSC #CivilServicesExams

Kapadia: In the present case, the risk to public health and safety is immeasurable. We don't know what will happen tomorrow. Political rallies have been called off.

Kapadia again suffers some connectivity issues.
Bench asks Kaushik to finish his submission in two minutes.
Kaushik: It is already 4 pm people have reached their Centres.

Bench: What about these hotels where they will stay?
Kaushik: We are in continuous touch. They will not face any difficulty. With regards to Tamil Nadu, the submission is completely false.

Kaushik: It is absolutely false that thousands of representations have been received.
Bench: How many have you received?
Kaushik: Only 61. That's all. I guess these are people who did not download their admit cards.

Bench: You are saying only 61 have made representation?
Kaushik: Yes.
Bench: According to Kapadia even petitioners have downloaded.
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Apoorv Kurup (for Centre) says that the petition is full of assumptions.
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Kurup: There is no pleading that anyone has tested for Covid. Likelihoods have been rejected by SC. They have not even put in a whisper for that. All these issues have been deal with by SC.

Bench: I am not inclimed to stay the exams. I will dismiss it. I am not interfering with it.
#DelhiHighCourt #UPSC #CivilServicesExams

#Breaking #DelhiHighCourt refuses to stay the UPSC Mains exams. Says it will not interfere with the examination process.

Delhi High Court refuses to stay Civil Services Exams due to COVID-19

#DelhiHighCourt #upscmains #CivilServicesMains2021 #Covid_19

@prashantjha996 reports

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