The Supreme Court has extended a lifeline to candidates who were facing the cancellation of their candidature for the upcoming UPSC Civil Services Mains Examination, 2023. The apex court has directed the Union Public Service Commission (UPSC) to issue admit cards to eight candidates who had their candidatures rejected. This interim relief is granted pending the final outcome of their petitions.

The UPSC had taken the decision to disqualify two of the petitioners due to their failure to submit provisional certificates supporting their educational qualifications. For the other six petitioners, the UPSC had cited discrepancies in their Economically Weaker Section (EWS) certificates as the reason for rejection.

A two-judge bench comprising Justices AS Bopanna and Prashant Kumar Mishra issued the order, emphasizing the urgency of the matter. They noted that the Civil Services Mains Exam is scheduled to take place on September 15, 2023, and that the interests of the petitioners would be severely affected if they were not allowed to participate. The Court made it clear that this directive was subject to the final outcome of the petition.

Advocate Gaurav Agarwal, along with Advocate-on-Record Tanya Shree, represented the petitioners in this case. Mr. Agarwal argued that at the time of filling out the Detailed Application Form (DAF-I), the petitioners were still students in their final year of the qualifying examination. He pointed out that the results had been declared by their respective universities after the submission of DAF-I, confirming that the petitioners had indeed passed their qualifying examinations. Accordingly, the petitioners had submitted Bonafide Certificates from their universities and undertook to provide their final degrees as soon as they were available.

Mr. Agarwal also highlighted a crucial rule, Rule 3 Note II of Civil Services Rules, 2023, which states that a candidate's attempt is counted once they have appeared for the UPSC Prelims Exam, regardless of whether they qualify for the Mains Exam or not. In this context, he argued that the petitioners, who had successfully cleared the Prelims Exam and possessed the necessary educational qualifications by the time of the Mains Exam, should not be penalized for a situation beyond their control.

Regarding the discrepancies in EWS certificates, Mr. Agarwal contended that the UPSC's rejection of candidates based on minor errors was unreasonable and arbitrary. He provided the example of one petitioner, Shweta Tiwari, whose candidature was rejected due to overwriting on her EWS certificate. Despite the competent authority clarifying that the overwriting was not the petitioner's fault, the UPSC did not consider her certificate.

The Supreme Court's intervention in this matter provides hope to the affected candidates and highlights the importance of procedural fairness and flexibility in such high-stakes examinations. The final outcome of these petitions will determine the fate of these candidates as they prepare for the upcoming Mains Examination.

Case Title: Deepanshu & Ors v. UPSC | Pranav Kesharwani & Ors v. UPSC