By Neha Virmnai
In the case of UPSC V. NITISHA SANJAY JAGTAP AND OTHERS, UPSC through its counsel Advocate Naresh Kaushik, filed a Special leave petition(SPL) in Supreme Court on 20th July 2021 while refereeing to the exception of the interpretation given by Bombay HC with regards to “Note II of Rule 7 of CSE Rules, 2020” and raised a contention that the order passed and the relief which was granted by SC on July 16, 2021, was not granted on the basis of legal right.
The Bombay High Court in its order had set aside the cancellation of candidature of the petitioners who had failed to submit their degree certificates while applying for UPSC Mains. The petitioners had qualified for the UPSC preliminary exam and were qualified for UPSC Mains. The petitioners had then taken the UPSC Mains Examination but their results were withheld as they did not submit their degree certificates while applying for Mains. They were intimidated and told that their candidature stands canceled.
Bombay High Court then ordered the immediate declaration of results as the date for the interview round was near then.
While hearing the SPL filed by UPSC against the interpretation given by Bombay HC, Two Judges bench comprising of Justice AM Khanwikar and Justice SanjivKhannaobserved that the interpretation of Bombay HC over Note II of Rule 7 of CSE Rules, 2020stands overruled.
Further the bench in its order stated that “any statement of law made by the Bombay HC which is not consistent with the order passed by Supreme Court on 16th July 2021 is deemed to be overruled.” Accordingly, the appeal was disposed of on the same ground.”