Shivangi Prakash-
The Supreme Court on Tuesday overturned the Bombay High Court’s (Aurangabad Bench) decision that the Civil Services Examination Rules 2020 give the Union Public Service Commission the authority to treat a candidate who submitted his or her degree certificate after the cut-off date as qualified to take the civil service examination in extraordinary cases.
The crucial relief granted by the Bombay High Court to the petitioners was that last week 5 candidates were permitted to appear for the interview, even though they had submitted the mark certificates after the cut-off date.
Taking into mind the problems posed by the COVID outbreak, the Supreme Court granted the aid relief. Simultaneously, the Court stated that it was a one-time exception with no precedent value.
A bench of Justices AM Khanwilkar and Sanjiv Khanna began deliberating today on a special leave petition filed by the UPSC challenging the Bombay High Court’s interpretation of Note II of Rule 7 of the Civil Service Examination Rules 2020.
A division bench of the High Court, consisting of Justices SV Gangapurwala and Shrikant D Kulkarni, allowed the affected candidates’ writ petitions and observed:
“Rule 7 Note II of the CSE Rule 2020 gives powers to the U.P.S.C. in exceptional cases to treat a candidate who does not have the qualifications as detailed in the rules as a qualified candidate”.
The UPSC appealed to the Supreme Court, claiming that the High Court’s interpretation was incorrect. Advocate Naresh Kaushik, the UPSC’s counsel, referred to the Supreme Court’s July 16 ruling allowing 5 civil service candidates to sit for the interview on equitable grounds, although they had submitted proof of qualifying tests after the cut-off date.
According to the attorney, such relief was not awarded based on any legal right.
Taking this into account, the bench decided that the High Court’s view will be overturned.“This appeal raises issues already answered. Accordingly, this appeal is disposed on same grounds. Needless to observe, any statement of law made by the High Court, which is not consistent with the order passed by this Court on July 16, is deemed to have been overruled”, The bench stated in the order.
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