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2021 Supreme(SC) 861

SUPREME COURT OF INDIA
A.M. Khanwilkar, Sanjiv Khanna, JJ.
Abhishek Anand Sinha & Ors. - Appellants
Versus
Union Of India & Anr. - Respondents
Writ Petition(s)(Civil) No(s). 434/2021
Decided On : 22-07-2021

Advocates appeared:
Mr. Gopal Sankaranarayanan, Senior Advocate, Mr. Raunak Nayak, Advocate, Mr. Ishita Chaudhary, Advocate, Mr. Samar Vijay Singh, Advocate, Mr. Krishnan Venugopal, Senior Advocate, Mr. Rohit Sharma, Advocate, Mr. Atul Agarwal, Advocate, Ms. Arju Chaudhary, Advocate and Mr. Kumar Dushyant Singh, Advocate, for the Appellant; Ms. Aishwarya Bhati, ASG, Ms. Ruchi Kohli, Advocate, Ms. Akanksha Kaul, Advocate, Mr. Manish, Advocate, Mr. A.K. Sharma, Advocate, Mr. Devdutt Kamat, Senior Advocate, Mr. Sachin Sharma, Advocate, Mr. Satyavrat Sharma, Advocate, Mr. Rahul Gaur, Advocate, Mr. Maninder Singh, Senior Advocate, Ms. Malvika Kapila, Advocate, Ms. Natabrata Bhattacharya, Advocate, Ms. Malvika Trivedi, Senior Advocate, Mr. Ashutosh Ghade, Advocate, Ms. Sneha Balapure, Advocate, Mr. Naresh Kaushik, Advocate and Mr. Vardhman Kaushik, Advocate, for the Respondent

Points Of Law : Not expressing any opinion either way with regard to the feasibility of resolution of the issues so raised. All aspects in that regard are left open.

Headnote:

Disaster Management Act, 2005 - Covid-19 - Form separate class - According to writ petitioners they form separate class - They were forced not to appear in the examination on given date on account of directions issued by local authorities under the Disaster Management Act including general directions regarding isolation of Covid-19 patients and family members of Covid-19 patients.

Finding Of The Court :

Only indulgence that can be shown to petitioners including applicants is to allow them to make representation to appropriate authority who may consider all aspects of matter and take lenient view in light of prevailing situation at the relevant time if so advised – Court are not expressing any opinion either way with regard to feasibility of resolution of issues so raised - All aspects in that regard are left open.

Result: Petition disposed

ORDER

Applications for impleadment/intervention are allowed.

Heard learned counsel for the respective parties.

The petitioners have made an unsuccessful attempt of persuading us to take a view that the issue raised in the present writ petitions is not covered by the decision of three Judge Bench of this Court dated 24.02.2021 in Rachna & Ors. vs. Union of India & Anr., reported in 2021 (3) Scale 107 .

According to the writ petitioners, they form a separate class - as they were forced not to appear in the examination on the given date(s) on account of directions issued by the local authorities under the Disaster Management Act, 2005, including the general directions regarding isolation of Covid-19 patients and family members of Covid-19 patients.

According to them, the situation was one of forced default, for which they cannot be compared with candidates who did not appear in the examination by choice.

Although, we may have full sympathy with writ petitioners and similarly placed students, for the difficult situation and the resultant consequences, they may suffer, but the issues raised by them, in our opinion, are covered by the decision of this Court in Rachna & Ors. (supra).

The only indulgence that can be shown to the petitioners, including the applicants (interveners/impleaders), is to allow them to make representation to the appropriate authority, who may consider all aspects of the matter and take a lenient view in the light of the prevailing situation at the relevant time, if so advised.

We are not expressing any opinion either way with regard to the feasibility of resolution of the issues so raised. All aspects in that regard are left open.

The writ petitions and pending applications are disposed of accordingly.

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