JUDGMENT :

AJAY RASTOGI, J.

1. Application(s) for intervention are allowed.

2. The batch of petitioners were hopeful that in their last attempt, they may qualify in the Civil Services (Preliminary) Examination, 2020 (in short “Examination 2020”) which was held on 4th October 2020 but when they failed to achieve their goal, approached this Court by filing the instant writ petition under 1st Article 32 of the Constitution seeking mandamus to the 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) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

Brief Factual Matrix

4. The background facts delineated from the records and relevant for the purpose are that the Civil Services Examination is conducted every year by the 2nd respondent (Union Public Service Commission-UPSC) and for the year 2020, the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) published Gazette Notification dated 12th February, 2020 notifying the rules for competitive examination, 2020(hereinafter being referred to as “Rules 2020”) to be held by the 2nd respondent for the purpose of recruitment to 24 services/posts to be held in three stages:(i) preliminary (ii) mains (iii) personality test.

5. The scheme of Rules 2020 published on 12th February, 2020 is a complete code for the purposes of final selection to civil services. The parameters prescribed for eligibility with regard to number of attempts and age have been provided under Rule 4 and Rule 6 of the Rules 2020. Rule 4 and Rule 6 which are relevant for the purpose are mentioned hereunder:

“4. Every candidate appearing at the examination who is otherwise eligible, shall be permitted six attempts at the examination.

Provided that this restriction on the number of attempts will not apply in the case of Scheduled Castes and Scheduled Tribes candidates who are otherwise eligible.

Provided further that the number of attempts permissible to candidates belonging to Other Backward Classes, who are otherwise eligible, shall be nine. The relaxation will be available to the candidates who are eligible to avail of reservation applicable to such candidates.

Provided further that candidates belonging to persons with benchmark disability will get as many attempts as are available to candidates other than persons with benchmark disability of his or her community, subject to the condition that a candidate of person with benchmark disability belonging to the General and EWS Category shall be eligible for nine attempts. Necessary action to make corresponding changes in respective Rules/regulations pertaining to various services is being taken separately. The relaxation will be available to the candidate of persons with benchmark disability who are eligible to avail of reservation applicable to such candidates.

Note:

(I) An attempt at a Preliminary