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TMI Blog2021 (2) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... October 2020 but when they failed to achieve their goal, approached this Court by filing the instant writ petition under Article 32 of the Constitution seeking mandamus to the 1st respondent to extend one additional attempt to the petitioners/intervenors as they are being barred from attempting the examination in future on account of exhausting of available attempts or on account of age bar subsequent to Examination 2020. 3. The prayer which has been made in the instant petition is as follows: "(a) Issue a writ of mandamus or any other appropriate writ, order or direction in the nature thereof and declare that the action of the respondents of not issuing appropriate policy for grant of an extra attempt to candidates for whom civil services examination 2020 would be last attempt as being violative of Articles 14, 19, 29 and 21 of the Constitution of India, and by way of issuance of an appropriate writ, order or direction of or in the nature of mandamus, and/or any other writ, order or direction, interalia, direct the Respondent/s to provide one extra attempt to the last attempt candidates including the petitioners, in addition to number of permissible attempts: and/or (b) Pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to such candidates. Note:( (I) An attempt at a Preliminary Examination shall be deemed to be an attempt at the Civil Services Examination. (II) If a candidate actually appears in any one paper in the Preliminary Examination, he/she shall be deemed to have made an attempt at the Examination. (III) Notwithstanding the disqualification/cancellation of candidature, the fact of appearance of the candidate at the examination will count as an attempt. 6. (a) A candidate must have attained the age of 21 years and must not have attained the age of 32 years on the 1st of August, 2020 i.e., he must have been born not earlier than 2nd August, 1988 and not later than 1st August, 1999. Necessary action to make corresponding changes in respective Rules/Regulations pertaining to various services is being taken separately. (b) The upper agelimit prescribed above will be relaxable: (i) up to a maximum of five years if a candidate belongs to a Scheduled Caste or a Scheduled Tribe; (ii) up to a maximum of three years in the case of candidates belonging to Other Backward Classes who are eligible to avail of reservation applicable to such candidates; (iii) up to a maximum of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on (FC) and Physical Requirements (PR) of each service are indicated in Appendix IV of these Rules which are identified and prescribed by the respective Cadre Controlling Authorities (CCAs) as per the provisions of Section 33 and 34 of the Rights of Persons with Disabilities Act, 2016. Only those category(ies) of disability(ies) mentioned in Appendix IV shall apply for the examination under Persons with Benchmark Disability (PwBD) category. Therefore, the candidates belonging to the Persons with Benchmark Disability categories are advised to read it carefully before applying for the examination. Note III : The term Ex-servicemen will apply to the persons who are defined as Ex-servicemen in the Ex-servicemen (Reemployment in Civil Services and Posts) Rules, 1979, as amended from time to time. Note IV : The age concession under Rule 6(b)(iv) and (v) will be admissible to Ex-servicemen i.e. a person who has served in any rank whether as combatant or noncombatant in the Regular Army, Navy and Air Force of the Indian Union and who either has been retired or relieved or discharged from such service whether at his own request or being relieved by the employer after earning his or he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , but because of the unprecedented Covid-19 pandemic, which was notified by the National Disaster Management Authority vide its order dated 24th March 2020, the Commission by its Press Release dated 4th May, 2020 deferred the Examination 2020 and further informed that the revised schedule of examination will be notified at a later stage. 8. Taking note of the unlock 1.0 guidelines published on 5th June 2020, the Commission decided to conduct the preliminary examination on 4th October, 2020. Several candidates submitted their objections. Taking note thereof, the Commission allowed the candidates to submit their revised choice of examination center by its letter dated 1st July, 2020 and further opened the window for withdrawal of the application from 1st August, 2020 to 8th August, 2020. This Court can take judicial notice of the fact that after a second opportunity was afforded to the candidates for withdrawal of the application, only such of the candidates were left who had made up their mind and were mentally prepared to appear in the ensuing preliminary examination which was scheduled to be held on 4th October, 2020. 9. As alleged that when no decision was taken by the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bar for CSE 2021-2236 - Candidates having last attempt in terms of age bar but did not appear -4237 - Combined effect of last attempt appeared : 3863 + 2236 = 6099 which comes to around 1.25% of candidates who appeared for the examination. - Combined effect of candidates who appeared and non-appeared and who require relaxation for 2021, i.e. total = 3863+2236+4237 = 10,336 which comes to 0.97% of total candidates who enrolled for Examination, 2020. 12. When the present petitioners/intervenors failed to qualify in the preliminary examination held on 4th October, 2020 by the Commission, they approached this Court by filing of the instant writ petition, and this Court took note of the fact that in the light of the order passed in the earlier proceedings dated 30th September, 2020, the decision of the competent authority to fulfil the legitimate aspirations of the candidates was still pending with the authority. During the pendency of the writ petition in deference to this Court, a decision was taken by the 1st respondent and placed for perusal dated 5th February, 2021 in which it was agreed in principle to give one time restricted relaxation, limited to CSE 2021 to only tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent to grant an extra attempt to last-attemptees in the event causing widespread hardships left with no choice except to appear in the examination even though they did not have an adequate opportunity and infrastructure and they were left out blinded with uncertainty. 14. Learned counsel for the petitioners submits that petitioners are placed in the disadvantageous position with the onset of the pandemic and due to the unprecedented measures imposed in the wake thereof. That apart, candidates working in essential services did not have the benefit of seeking leave or claiming exemption from duty/overtime duty looking to the nature of their services and in the light of invocation of The Essential Services Maintenance Act, 1968 and The Disaster Management Act, 2005. There is no benefit accruing to persons in essential services and public employment, consequent to the unlock guidelines. 15. Learned counsel further submits that denial of an additional attempt to the petitioners will make them to suffer serious discrimination amongst who have not faced such hurdles as being faced by the petitioners in their preparation during the unprecedented pandemic. While others had a choice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpediments which came in front of them of which adequate reasons have been furnished to this Court. In the given circumstances, at least taking a lenient and a holistic view of the matter, this Court may exercise its jurisdiction under Article 142 of the Constitution granting one time relaxation to the candidates who appeared in Examination 2020 with one additional attempt regardless of the fact whether one has exhausted the number of attempts or crossed the upper age limit as prescribed under the Rules 2020 and it does not affect either the integrity of the examination or any restriction on the prospective participants of CSE 2021 and to those who have already availed the attempts. All hopes of the candidates remain in the last attempt but that had gone in vain because of the unprecedented situation which came in front of them and that was the only reason for which they have not been able to put their full potential to qualify the Examination 2020. 19. Per contra, counter affidavits have been filed by the respondents in their defence and it has been stated that the syllabus for the preliminary examination has not been changed since 2015 and examination of this nature is not poss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additional chance. Similar reasoning would apply as far as the upper age is concerned and so far as the submissions made by learned counsel for the petitioners are concerned, these are without prejudice to the main contention that they are not entitled for relaxation as prayed for. 21. It has been further stated that the first national lockdown came into force on 25th March, 2020, i.e., after one and a half month of the notice of examination published on 12th February 2020. From 1st June, 2020, gradual unlocking of the lockdown had started on monthly basis and the preliminary examination was held on 4th October, 2020 when the unlock guidelines 5.0 were in force. To meet out the bone of contention of the petitioners that there are precedents for granting relaxation on earlier occasions is concerned, it has been stated that these are the policy decisions taken by the executive in a particular facts and circumstances and the present decision has to be tested independently in the given circumstances, which has no relativity or comparison. 22. It has also been stated that the candidates who had appeared in the examination had accepted the rules of the Examination 2020 and now havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. S.V. Raju, learned Additional Solicitor General and Mr. Naresh Kaushik, learned counsel appearing for the respondents; Mr. P.V. Narasimha and Mr. Pallav Shishodia, learned senior counsel appearing for the intervenors and with their assistance perused the material available on record. "The question that emerges for our consideration is that whether the petitioners/intervenors and other similarly placed candidates are entitled to another/additional chance for CSE 2021 on account of the unprecedented Covid-19 pandemic which as alleged has deprived them from effectively participating in the Examination 2020". 26. There is no doubt that for India or for rest of the world, Covid-19 has been a disaster of unprecedented proportions. The crisis of Covid-19 pandemic has provided the sternest test for disaster management response in most countries, including India. Due to unprecedented spread of the virus, the world had gone into a virtual lockdown as several countries initiated strict screening of potential cases introduced in their territory. Disasters are testing times for the institutions and individuals, processes and procedures, and policies and their implementation mechanisms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espread socioeconomic implications but the Covid-19 pandemic has left its footprints for us to learn from the unprecedented situation, which everyone has come across and suddenly changed the lifestyle of every individual in the society, his way of working, from social security to individual human rights, from macro economy to household income and has made us more stronger to face, if any difficult situation arises in future and this is what by experience we learn. There is an old saying "there is good in every evil". Still life has to move on in all situations, and this is what this country has faced, but resiliently fought back this unprecedented situation and the economy and life of the common man is on the path towards normalcy in a short period of time than expected. 31. While reverting to the facts of the instant case of the petitioners, what is prayed by them in the first blush appears to be attractive but it lacks legal strength and foundation for various reasons. 32. The scheme of Rules 2020 of which a detailed reference has been made and Rules 4 & 6 in particular, clearly stipulate that the entry age to participate in this competition is 21 years and the exit age for g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the examination was scheduled for 4th October, 2020 only those candidates were left who were mentally prepared to appear and willing to avail an opportunity of appearing in the Examination 2020 and after appearing in the examination, when they could not qualify, it has given a way to the present litigation on the specious ground of Covid-19 pandemic that they were unable to effectively participate in the process of selection which has been initiated by the Commission in holding preliminary examination on 4th October, 2020. 35. This court cannot lose sight of the fact that apart from the present Examination 2020, it has been brought to the notice of this Court that remedial measures were adopted for the candidates who had participated in the various examinations/recruitment tests held for Central services by the Commission at the given point of time during the Covid 19 pandemic and apart from that, the State Commissions/recruiting agencies must have conducted their examinations/recruitment tests for various services and merely because the present petitioners made a complaint to this Court, cannot be taken into isolation for the purpose of seeking additional chance/attempt in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 must have faced the same consequences as being faced by the writ petitioners and each one of them have suffered in one way or the other during the Covid-19 pandemic. At the same time, this reasoning would equally apply to those who have crossed the upper age barrier. More so, when no discretion is left with the 1st respondent to grant relaxation in the age bracket to the candidates other than provided under Rule 6 of the scheme of Rules 2020 which indeed the present petitioners are not entitled to claim as a matter of right and that apart, those who have withdrawn their forms either because of lack of preparation or because of some personal reasons but have crossed the upper age limit to appear in CSE 2021, they would also be equally entitled to claim and no distinction could be made whether the candidate has appeared in the Examination 2020 and availed the last attempt or attempts is still available at his disposal or has crossed the upper age limit. 39. We do find substance that any concession either in attempt or age is not available under the scheme of Rules 2020, at the same time, proposal which has been placed by the 1st respondent before us apart from complaint made inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion but that cannot be made to be the basis or a foundation for the petitioners to site as a precedent in claiming to seek one additional attempt as a matter of right which is not permissible under the scheme of Rules 2020 or with the aid of Article 14 of the Constitution to take a call in meeting out the difficulties which have been faced as alleged in the given circumstance. 43. It is the settled principle of law that policy decisions are open for judicial review by this Court for a very limited purpose and this Court can interfere into the realm of public policy so framed if it is either absolutely capricious, totally arbitrary or not informed of reasons and has been considered by this Court in Union of India and Others Vs. M. Selvakumar and Another 2017(3) SCC 504. The relevant portion is as under:" 47. There is one more reason due to which we are unable to subscribe to the view taken by the Madras High Court and Delhi High Court. The horizontal reservation and relaxation for Physically Handicapped Category candidates for Civil Services Examination, is a matter of Governmental policy and the Government after considering the relevant materials has extended relaxation and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore this Court, but there are large number of candidates who appeared in the various examinations in the year 2020 during Covid 19 pandemic and everyone must have faced some constraints/impediments/inconvenience in one way or the other and this Court can take a judicial notice that these petitioners have appeared in the same pattern of examination in the previous years since the year 2015 and what is being claimed and prayed for under the guise of Covid 19 pandemic is nothing but a lame excuse in taking additional attempt to participate in the Civil Service Examination 2021 to be held in future and we find no substance in either of the submissions which has been made before us. 47. The data furnished to this Court by the Commission clearly indicate that various selections have been held by the Commission for Central Services in the year 2020 during Covid 19 pandemic and selections must have been held by State Commissions and other recruiting agencies, if this Court shows indulgence to few who had participated in the Examination 2020, it will set down a precedent and also have cascading effect on examinations in other streams, for which we are dissuaded to exercise plenary powers ..... X X X X Extracts X X X X X X X X Extracts X X X X
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