Thread by @LawBeatInd

#SupremeCourt hearing plea seeking additional attempt in UPSC by three aspirants who couldn't appear for the paper in view of the COVID-19 situation.

Senior Advocate Gopal Shankarnarayanan appearing for the petitioner submits that in 2011 the Government had allowed exception as many aspirants didn't knew about the change in examination pattern.
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Shankarnarayanan: We are largely asking for the relaxation provided to the IIT aspirants on situation due to #Covid_19, National Testing Agency in 2021 had allowed keeping in view of #Covid_19

Justice Khanwilkar: We are dealing with the civil services exam.

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J Khanwilkar asked the stand of the Government.

ASG Aishwarya Bhati submitted, we have considered the situation and the decision has been taken to not relax.

J Khanwilkar: we are asking whether you can count the earlier attempt as no attempt and then allow them later.

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Bhati: Then that would be unfair as on earlier two judgments it was not allowed.

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Bhati while referring to the judgment submitted that, Milords another argument was made that it would be unfair to the other candidates who could have appeared against the students who appeared and get another opportunity.

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Bhati: Milords, the representation were considered and a contemplated decision was taken.

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Bhati: The examination rules are gazette notified after thorough decision making every year.

Bench: Even there being rules you can relax.

Bhati: I'm not denying that.

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Bhati: In the first wave and the second wave if this relaxation was not granted it would not be appropriate to provide relaxation in third wave. It may also be noted that the ailments and repercussions in third wave were not as serious as that of prior waves.

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Shankarnarayanan: Milords the earlier judgment was in relation to the prelims examination, and this one is for mains where in a select category of candidates are affected.

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J Khanwilkar: Mr Shankarnarayanan now we had asked you to make representation, it was considered and it was rejected. If this will be allowed every time some situation arises, affairs will be difficult to manage.

Shankarnarayanan: It is an exceptional thing that we are asking.

Shankarnarayanan: If there is a government rule that don't go out the situation is bad, we chose not to go out, we abide with the law, now the Government is supposed to accomodate us.

Advocate Prashant Bhushan appearing for the Intervener referring to the Parliamentary committee recommendation allowing relaxation submitted we are not even asking for such large relaxation, my candidates have cleared the prelims exams.

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J Khanwilkar: We'll then say that in view of this recommendation the representation may be considered.
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Court: The Petitioner has shown the Parliamentary Committee report, in light of the recommendation of the parliamentary committee we dispose of the petitions directing the authority to consider the representation within 2 weeks in view of the report.

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