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2022 Supreme(Online)(SC) 810
SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, MS. Hima Kohli, JJ.
Akansh Dhulland Others v. Union Public Service Commission and Others
W. P. (C) No. 779 of 2022
For the Appellants/Petitioners: P S Patwalia
For the Respondents: Naresh Kaushik
Provisional participation in examinations allowed pending legal proceedings without creating equities.
Headnote:In consideration of the urgency surrounding the upcoming Civil Services (Mains) Examination on 16 September 2022, and the petitioners being qualified for the Preliminary Examination, the Court permitted their provisional participation pending further legal proceedings. The petitioners' application was allowed without creating any equities in their favor. The respondents may present their legal counterclaims within four weeks. The matter is to be revisited on the specified date.
| Table of Content |
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| 1. early listing request acknowledged. (Para 1 , 2) |
| 2. petitioners qualified for examination. (Para 3 , 4) |
| 3. provisional eligibility granted for exam participation. (Para 5 , 6 , 7 , 8) |
| 4. respondents permitted to counter in due time. (Para 9 , 10 , 11) |
| 5. next listing of the petition scheduled. (Para 12) |
1. Mr P S Patwalia, senior counsel appearing on behalf of the petitioners, mentioned the petition for early listing.
2. Having due regard to the urgency, the petition is taken on board.
3. The Civil Services (Mains) Examination is due to be conducted from 16 September 2022. The five petitioners have duly qualified at the Preliminary Examination which was conducted on 22 June 2022.
4. In terms of the Civil Services Exam R.2022, the candidates were required to submit proof of their having completed the qualifying examination on or before the last date prescribed for submitting Detailed Application Form - I for the Mains Examination. The last date would, therefore, be 15 July 2022. The results of Delhi University, where four petitioners had appeared for their graduate examinations, were declared on 16 July 2022. The results for one of the petitioners who had appeared for the graduate examination from Kurukshetra University was declared subsequently.
5. In these circumstances and having regard to the above factors, we direct that the petitioners shall be allowed to appear for the Civil Services (Mains) Examination, which is due to commence on 16 September 2022. This shall be without prejudice to the rights and contentions of the parties and subject to further orders.
6. We also clarify that since this Court has been moved for urgent relief, the respondents are permitted to file their counter affidavit within a period of four weeks raising all pleas which are available in law.
7. The Detailed Application Form - I shall be accepted provisionally for the purpose of enabling the petitioners to appear at the Mains Examination, subject to the final outcome of these proceedings.
8. No equities shall be created in favour of the petitioners by this order.
9. Mr Naresh Kaushik, learned counsel appearing on behalf of UPSC, shall transmit a copy of this order to the UPSC.
10. Mr Naresh Kaushik states that two of the petitioners have instituted a petition under Art.226 of the Constitution before the High Court of Delhi.
11. Mr P S Patwalia states that the petitioners, who have filed the petition, would unconditionally withdraw the petition before the High Court of Delhi.
12. List the petition on 14 October 2022.
