Litigation News Plea to postpone UPSC exams amid COVID-19: LIVE UPDATES from Supreme Court hearing
September 30, 2020
UPSC LIVE
Litigation News
Plea to postpone UPSC exams amid COVID-19: LIVE UPDATES from Supreme Court hearing
ByBar & Bench
The Supreme Court is hearing a plea urging the Court to postpone the UPSC prelims in view of the prevailing COVID-19 situation.
The petition filed through Advocate Alakh Alok Srivastava urges the Court to quash the revised calendar issued by the UPSC, seeking postponement of the exam by two or three months till the COVID-19 pandemic has subsided.
Apart from the main plea, the father of a serving officer in the Central Armed Police Forces of the Government of India has moved an application. The applicant points out that his son, the government officer himself, was set to prepare for the civil services, but the extra workload on account of COVID-19 has hindered his preparations.
Before the hearing today, the Union Public Service Commission (UPSC) filed an affidavit asserting that the October 4 date for conducting the Civil services preliminary exam 2020 cannot be deferred as it would lead to delaying next year's prelims too scheduled for June 27, 2021.
Live updates of the hearing today feature on this page:
HEARING TO BEGIN SHORTLY
MATTER BEGINS
ADVOCATE ALAKH: WE HAVE SOUGHT DEFERMENT OF THE UPSC EXAMS
SENIOR ADVOCATE VK SHUKLA: UPSC IS BENT UPON HOLDING THE EXAM IGNORING OUR CONCERNS
COURT: DON'T SAY BENT UPON. THEY ARE DUTY BOUND
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.
COURT: IT'S FOR 10 LAKH PEOPLE AND IT 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
COURT: THIS EXAM HAS A CASCADING EFFECT ON OTHER EXAMS. PLEASE USE THE OPPORTUNITY TO MAKE A SUGGESTIONS TO THE UPSC.
COURT: THERE ARE 72 CENTRES AND 2,500 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
COURT: TELL US THE NUMBER OF SUCH CANDIDATES? DETAILS?
SHUKLA: WE DON'T HAVE FULL DETAILS. BUT ONE OF THE PETITIONER IS A COVID WARRIOR
COURT: IF THERE IS 10 OUT OF 10 LAKHS THEN DOCTRINE OF PROPORTIONALITY HAS TO BE KEPT IN MIND. IF IT'S SIGNIFICANT NUMBER WE CAN ASK AUTHORITIES TO CONSIDER THEM.
SHUKLA: NEET WAS IN 150 CENTRES BUT UPSC WILL BE IN 72 CENTERS
COURT: THERE ARE 2,600 SUB CENTRES
SHUKLA: THERE ARE TRAVEL ISSUES TOO
COURT: EVERYTHING IS GETTING UNLOCKED AND THERE ARE FACILITIES NOW
SHUKLA: TRAINS SERVICES HAVE NOT FULLY RESUMED.
COURT: 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..
COURT: 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
COURT: IN THAT CASE PERFORMANCE WILL BE UNIFORM
SHUKLA: BUT AIM IS TO GET THE BEST TALENT
COURT: MAY BE YOU ARE THINKING ABOUT 1950S. NOW ALL STUDY MATERIAL IS AVAILABLE ON THE INTERNET.
SHUKLA: RELAXATION ON NUMBER OF ATTEMPTS NEED TO BE GIVEN TO THE STUDENTS WHO ARE APPEARING FOR THE LAST ATTEMPT
COURT: AFFIDAVIT SAYS ATTENDANCE FOR THIS EXAM HAS ALWAYS BEEN CLOSE TO 50 PER CENT. THIS IS THE DIFFERENCE BETWEEN ASPIRANTS AND THE ONES WHO ACTUALLY TAKE THE EXAM
SHUKLA: AT LEAST LOOK INTO THE ISSUE OF ATTEMPTS AND AGE RELAXATION.
COURT: 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
COURT: ALL CANDIDATES ARE FACING UNIFORM PROBLEMS AND ARE PLACED EQUALLY. LET US GO TO THE NEXT APPLICATION
ADVOCATE 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. TRAINS IN RURAL AREAS HAVE NOT RESUMED
COURT: 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?
ADVOCATE: BUT FOR THEM SPECIAL SOPS WERE ISSUED SO THAT SAFETY AND HYGIENE IS MAINTAINED. THESE STUDENTS DON'T HAVE MEANS OF TRANSPORT
COURT: THAT IS YOUR ASSUMPTION. THERE HAVE BEEN EXAMS WHERE 2 LAKH STUDENTS APPEARED IN ONE EXAM.
ADVOCATE: BUT STUDENTS FROM BELOW POVERTY LINE WILL APPEAR
COURT: THAT IS THE SOCIAL FABRIC OF THE COUNTRY! YOU DON'T KNOW ABOUT ARRANGEMENTS MADE.
ADVOCATE ANUSHREE: I HAVE FILED AN APPLICATION ABOUT STUDENTS WHO HAVE NO MEANS TO TRAVEL. IT IS NOT LISTED
COURT: 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
ADVOCATE: PLEASE CONSIDER THEN THE REQUEST OF RELAXING THE NUMBER OF ... 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.
ADVOCATE ANUSHREE: IF SOME OTHER PROVISION CAN BE MADE FOR THE COVID POSITIVE STUDENTS WHERE THEY CAN APPEAR SEPARATELY AND WRITE THE EXAM...
ADVOCATE SUMANTH NOOKALA FOR AN INTERVENOR: THE NUMBER OF STUDENTS IN AN EXAM CENTRE SHOULD BE IN CONFORMITY WITH THE MHA GUIDELINES
ADVOCATE ANUSHREE: PLEASE CONSIDER MERGING 2020 PRELIMS AND 2021 PRELIMS
COURT: 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?
ADVOCATE NARESH KAUSHIK: I HAVE NOT RECEIVED ANY SUCH REPRESENTATION. I WILL VERIFY AGAIN.
ADVOCATE KAUSHIK FOR UPSC: IT WAS FIRST TO BE HELD ON MAY 31...
COURT: WE HAVE READ..
ADVOCATE: SO FAR AS FACILITIES ARE CONCERNED, 2 PHASED OPTIONS WAS GIVEN TO CHANGE THE CENTRES TO CANDIDATES
ADVOCATE KAUSHIK READS THE LETTER OF UPSC TO CABINET SECRETARY.
COURT: POINT US TO THE RESPONSE WHERE AUTHORITIES AGREED TO YOUR REQUESTS
ADVOCATE 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
ADVOCATE 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.
ADVOCATE KAUSHIK: WE HAVE RECEIVED NO GRIEVANCE SAYING ANY CANDIDATE IS FACING ANY HANDICAP. IN FACT WE HAVE RECEIVED 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
COURT: 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?
ADVOCATE KAUSHIK: IF WE HAVE ANY REQUEST, WE WILL MAKE SEPARATE SEATING ARRANGEMENT
COURT: YOU WILL GET OVERNIGHT REQUESTS. YOU ARE NOT GETTING OUR POINT.
KAUSHIK: EVERY CENTRE HAS A SEPARATE ARRANGEMENT FOR COVID POSITIVE PEOPLE.
COURT: 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.
ADVOCATE ANUSHREE: BUT A POSITIVE STUDENT WAS ALLOWED TO TAKE CLAT
COURT: THAT ONE INSTANCE CANNOT BECOME THE NORM
COURT: 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 JUST COVID. THAT IS WHY SIX ATTEMPTS HAVE BEEN GIVEN. RULES DO NOT PROVIDE THAT.
COURT: IT HAS TO BE DONE ONE TIME
ASG RAJU: IT CANNOT BE DONE.
COURT: IF THE PERSON IS WITHIN AGE LIMIT CAN A ONE TIME OPTION BE GIVEN TO THE CANDIDATE?
COURT: YOU CANNOT COMPARE TYPHOID ETC WITH A PANDEMIC!
COURT: MERGING EXAMS ARE NOT POSSIBLE. BUT DOES UPSC GUIDELINES CONFORM WITH MHA GUIDELINES? IF THERE IS ANY LACUNA PLEASE SEEK SUPPLEMENTARY GUIDELINES.
ADVOCATE ANUSHREE: SOME DIRECTIONS MUST BE GIVEN TO CHECK TRAINS ARE AVAILABLE. IT SHOULD BE MADE PUBLIC THAT TRAINS HAVE RESUMED.
COURT: PLEASE INFORM THE RAILWAY AUTHORITIES TO DO SO. (TO ASG RAJU)
COURT: RELAXATION OF AGE SHOULD ONLY BE FOR THE LAST ATTEMPTS AND NOT FOR OTHERS. THIS SUGGESTION CAN BE LOOKED AT.
ADVOCATE ANUSHREE: ESPECIALLY FOR FRONTLINE WORKERS.
COURT: THERE IS NO CASE BEFORE US
ADVOCATE 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?
COURT: SHOW US THE REQUEST FOR LEAVE LETTER
ADVOCATE: IT'S AN UNPRECEDENTED SITUATION. MY CLIENT IS APPEARING FOR THE LAST ATTEMPT
COURT: HE CAN APPEAR IN DUTY AND THE EXAM. WE HAVE NOT SEEN THIS BEFORE TOO
ADVOCATE: THERE ARE HUNDREDS OF FRONTLINE WORKERS. UPSC WANTS THE BEST TALENT, HENCE THE SUBMISSION. HE HAS A 18 HOUR DUTY.
COURT: 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.
COURT: CONSIDERING 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
COURT: UPSC ALSO ALLOWED CANDIDATES TO CHANGE THE CENTRES. NEXT ISSUE WAS ABOUT STUDENTS WHO COULDN'T PREPARE DURING LOCKDOWN. BUT ONLINE RESOURCES WERE AVAILABLE
COURT: AN 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.
COURT: 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.
COURT: 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
COURT: 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.
COURT: ALLOWING COVID POSITIVE PEOPLE INSIDE CENRES WILL EXPOSE OTHER CANDIDATES WHICH IS AVOIDABLE. WE NEED NOT DIRECT ON THIS ASPECT ANY FURTHER
COURT: UPSC SHOULD ENSURE SEPARATE SITTING ARRANGEMENTS FOR CANDIDATES WHO ARE SUFFERING FROM COUGH AND COLD DURING THE TEST.
COURT: 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.
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