[BREAKING] Delhi High Court dismisses plea seeking postponment of UPSC Mains Exam 2021 scheduled to begin from tomorrow

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The Delhi High Court bench of Justice Kameshwar Rao today refused a plea seeking postponement of UPSC Mains Examination, 2021 scheduled from January 7 to January 16, 2022 in view of the 3rd wave of Covid-19.

The petition has been filed by candidates who have cleared UPSC Civil Services Prelims 2021 and are now eligible to prepare in the Mains exam. They aver that it is completely arbitrary and violative of the fundamental and legal rights of the aspirants (petitioners). Advocate Anushree Kapadia mentioned the matter on Wednesday following which is was taken up for urgent hearing today. 

Adv Anushree Kapadia contended that 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. Further, Kapadia contended that these are not preliminary exams, the candidates are bright ones, they've already cleared Prelims, and have worked hard for Mains.

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

The High Court enquired whether  exam centres are all in Metro cities, to which Kapadia answered in the affirmative. Kapadia further submitted that 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.

Per contra, Advocate Naresh Kaushik appearing for UPSC contended that last year, even during the most dangerous Covid-19 delta variant the Supreme Court had refused to postpone the exams.

Further that this is the most premium examination, crucial to functioning of the Government. "This variant is comparatively mild, they can wear double masks and appear," Kaushik contended.

He further stated that "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 October-November, already delayed to January."

Kaushik further submitted that UPSC will not be able to deal with its constitutional duty and that supervisors have already reached the centres, the exams are due to start tomorrow.


Kapadia 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" and contended that this proves that UPSC is aware that such a situation would arise which 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!"
Further, it wads contended that different states have different SOPs, like in Tamil Nadu no public transport is allowed in the state on Sunday, so the candidates will not be able to reach the centres unless they are in walking distance from it.

To this Kaushik contended that "It is already 4 pm, the serious candidates would already have reached, preparations would have happened. Chief Secretaries 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 further contended that only 61 have made representations, whilst 9085 candidates have already downloaded. [BREAKING] Delhi High Court refuses to grant any stay on UPSC Mains 2021.

The Bench after earing both parties rejected the plea and dismissed the matter.

Cause Title: Rajat Jain and Ors. v. UPSC & Anr.