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HC declines to hear PIL against UPSC's decision on Prelims

Friday, 22 August 2014 - 6:19pm IST | Place: New Delhi | Agency: PTI

The Delhi High Court today declined to hear a PIL against UPSC's decision asking candidates not to answer questions in English Comprehensive section of the preliminary examination of the civil services to be held on August 24. "Why don't you (a lawyer who is also appearing in the exam) go and prepare for the examination instead of filing this PIL"? a bench of justices B D Ahmed and Siddharth Mridul said.

The bench also said the matter is not a PIL and is a personal litigation so the petitioner, Vikas Nagwan, should approach the Central Administrative Tribunal (CAT). "Why don't you (Nagwan) prepare and seat for your exam, instead of filing a PIL? Does this court have the jurisdiction? Why don't you go to the CAT? If you are a candidate appearing for the upcoming exam, then go to the CAT," it said.

Nagwan, a civil services aspirant himself, has filed the PIL before a larger bench after an earlier plea on the same issue was dismissed by a single judge bench. The single judge bench had refused to hear that plea saying it was not "maintainable". The court, however, had granted him the liberty to file a PIL on the issue. However, the larger bench today raised objections to the maintainability of the PIL and asked the lawyer to give reasons that it was worthy to be heard as a PIL.

"Tell me one thing, how can this petition be entertained? If you are personally coming here, then it means this is not a PIL...," the court said. "You are knocking at the wrong door. You are barking up the wrong tree," the judge said and asked the petitioner to withdraw his plea and approach the CAT. The petitioner then withdrew his PIL after the court granted him the liberty to file an "appropriate petition" before the CAT. Additional Solicitor General Sanjay Jain, appearing for the Centre, also opposed the plea, saying a similar petition was filed before another bench by another person so there is no point in entertaining this. 

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