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The Supreme Court on Thursday disposed of a petition seeking direction to grant an extra attempt to the Union Public Service Commission (UPSC)- Mains aspirant who could not appear in the UPSC examination- 2021 in view of the Covid-19 situation.
A bench of Justice AM Khanwilkar, Justice Abhay S Oka and Justice CT Ravikumar noted, "The petitioners have 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."
During the course of the hearing, Senior Advocate Gopal Shankarnarayanan appearing for the petitioner students submits that in the year 2011 the Government had allowed exceptions as many aspirants didn't know about the change in the examination pattern.
Whereas Additional Solicitor General Aishwarya Bhati submitted that the situation has been considered and the decision has been taken to not grant the relaxation in the age bar as sought. If the Government allows it would be unfair as in the earlier two judgments it was not allowed, Bhati added.
In addition to this, Bhati while referring to the other judgments submitted, "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." The representation was considered and a contemplated decision was taken, Bhati further stressed.
Furthermore, he added, "In the first wave and the second wave if this relaxation was not granted it would not be appropriate to provide relaxation in the third wave. It may also be noted that the ailments and repercussions in the third wave were not as serious as that of prior waves."
To this, the bench also told the petitioners, "We had asked you to make representation which was considered and rejected. If it'll be allowed, every time such a situation arises the affairs will be difficult to manage."
However, 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."
Upon this Court directed the petitioners to make a representation before the authorities and asked the authorities to consider the same in light of the said report.
Case Title: Arjit Shukla & Ors. Vs. Union of India & Anr.
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