The Delhi High Court on Wednesday directed the Central Administrative Tribunal (CAT) to promptly decide on a plea seeking a reduction in the qualifying cut-off from 33% to 23% for the Part II (CSAT) exam of the 2023 Civil Services Examination conducted by the UPSC last month.
A vacation bench comprising Justice C Hari Shankar and Justice Manoj Jain declined to grant interim relief and disposed of a petition filed by a group of civil services aspirants challenging the Tribunal’s refusal to grant interim relief.
The court ordered, “The Central Administrative Tribunal is requested to decide the Original Application (OA) as expeditiously as possible, while adhering to the principles of natural justice. The petition is disposed of.”
Earlier on June 9, the CAT had issued a notice regarding the plea seeking a reduction in the cut-off but refused to grant interim relief, scheduling the matter for a hearing on July 6.
The candidates then approached the High Court, arguing that the matter before the Tribunal would become ineffective by July 6. They requested that the UPSC be restrained from taking any further action on the preliminary results declared on June 12, 2023.
During today’s hearing, Advocate Saaket Jain, representing the petitioners, referred to the examination notification issued by the UPSC on February 1 and highlighted the mentioned syllabus.
However, the court remarked that it could not grant the prayer to stay the entire examination and recruitment process.
“The Tribunal has not thrown out your case. It has issued notice on your OA. The matter is now listed on July 06. Your prayer… no court will pass an order staying the entire CSE 2023. It is an ex-facie prayer which cannot be granted. There are plethora of judgments of Supreme Court,” the bench stated.
“Even if you are… because a stay is granted not only on a prima facie case and balance of convenience… Given the fact that even if hundreds of students go to court, the balance of convenience can never be on staying appointments. There are decisions which say that courts should not look on question papers,” it further added.
Advocate Saaket Jain clarified that he was not touching upon the merits of the case but was only highlighting why interim relief should be considered. In response, Justice Shankar orally stated, “You are taking us through the notification. Then we will address it, then we will see whether questions are below syllabus. In a vacation bench we are doing it… you have started by going through syallabus, what is it if not merits?”
After Jain requested an order directing the CAT to promptly decide the case, the court disposed of the matter. Advocate Naresh Kaushik, representing the UPSC, did not oppose the prayer.
The petition before the bench stated that the matter affects lakhs of students across the country. “Since the result for the same has been declared on 12.06.2023, it is necessary that this matter be heard at the earliest,” it further added.
