The Supreme Court in the case Nisha Kumari and Or’s v. Haryana Public Service Commission and Anr observed in the view of the clash with the date announced for conducting the Preliminary Exam of Madhya Pradesh Civil Judge, Junior Division (Entry Level) Exam-2021 the court further stayed the holding of the Mains Examination of Haryana Civil Service (Judicial Branch)- 2021 from May 6 to May 8.
appearing for the High Court, Senior Advocate PS Patwalia highlighted that the exams related to 2021 process which should have over by October 2021 if not for the disruptions caused by the pandemic. further he submitted before the court that the decision to postpone the dates to May 6-8 was taken on March 25. It was three days later that the dates for Madhya Pradesh were announced. “If we keep on postponing dates like this, where will it end?”, the council asked.
The petitioners in the plea stated that the High Court should postpone the present dates as well in view of the clash with MP exams. Therefore, the petitioner pointed out that the Haryana exam was originally fixed from April 22 to April 24, however, the same was postponed to May 6 – May 8 in view of the clash with the dates of the Delhi Judicial Service Exams.
an intervention application in the writ petition filled by the petitioner before the High Court however, there no order has been passed regarding this application. Senior Advocate Dama Seshadri Naidu and Advocate-on-Record Namit Saxena represented the intervenors.
the candidates were constrained to file the writ petition before the Supreme Court. The petitioner’s counsel submitted that though the High Court had dismissed a plea seeking postponement on April 22, the order has not been uploaded to date further The Court was considering a writ petition filed by the candidates.
The bench stated in the order by considering the facts and circumstances, it is directed that the Haryana Civil Service (Judicial Branch)- 2021 Mains exams scheduled for May 6-8 shall be stayed and shall be postponed.
The petitioners informed the bench that in 2015, the exams were deferred just 4 days prior to the announced dates, the argument of High Court that postponing of exams will cause administrative difficulties was not accepted by the bench.
The bench further orally asked “why not now also? if you can do it in 2015”.
The bench asked how many representations were received for deferring the original dates due to clash with Delhi exams. The Senior Advocate Patwalia submitted that he does not have instructions on the exact number the bench stated orally and this logic is not acceptable by the court.
The exams are conducted by the Haryana Public Service Commission and are overseen by a selection committee headed by a High Court judge. asking the Punjab and Haryana High Court to either inform the rescheduled dates or assist the Court in fixing the dates. Therefore, the court posted the matter to 9th May.
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