Letter of a Grieved Student to the Honourable SC

To

The Honourable Supreme Court of India

New Delhi

India

Subject: Letter bringing to the notice of Honourable Supreme Court, where the fundamental rights of a group of citizens of India have been infringed upon, an apparent wrong done, with a plea that this letter be treated as a PIL, and demanding the restoration of the fundamental rights to the affected group of the citizens of India, as given under Article 32 of the Indian Constitution.

Your Honours

I will now take your permission to state the facts of the case:

1.    I along with 5, 95, 000 other candidates had appeared in the Preliminary examination for civil services conducted by Union Public Service Commission (UPSC) in May 2010. The issued roll numbers were more than the number of candidates applied.

2.    The result for the same exam was declared on August 19 and I was declared unsuccessful. Incidentally, I had qualified the same exam last year and this was my fourth and last attempt, as per requisites of UPSC.

3.    The analysis of the result sheet available on the website of UPSC, revealed a startling fact:

Lumps of selected roll numbers in the result: There is huge variation in the distribution of selected roll numbers in the wholesome roll number list. Out of the first 1 lakh roll numbers there are 6300 selected candidates, then from rest of 4.5 lakh roll numbers only 6000 selections which is against the laws of probability distribution and implies that merit is concentrated in early applicants only! There are more pronounced similar kind of variations that from a particular thousand the selection ratio is as high as 30% and at some thousand as low as 0.0%.

4.    UPSC’s silence on the RTI filed by students and a static answer always, “The matter is under subjudice”.

Conclusion:

• It is most unfair, by any means, statistical or otherwise, to assume that almost fifty percent of all hardworking, sincere and deserving candidates applied within first one lakh of allotted roll numbers.
• The action of concerned administrative officials is prima facie unreasonable because there is no discernable principle to justify it.
• The burden must be shifted to Union Public Service Commission to prove that impugned decision is an informed and just action not otherwise.

Impact of the results of Preliminary examination 2010 on our fundamental rights;

·        Right to Equality: “The state shall not deny any person equality before law or the equal protection of law within the territory of India. (Article 14)

In this case the right to equality of treatment in equal circumstances (the examination) prima facie has been denied.

·        There prima facie doesn’t appear to be any reasonable basis of classification of successful and unsuccessful candidates.

·        The result fails itself on two tests:

o   The classification of students as mentioned above isn’t found on any intelligent differentia which distinguishes these, that are grouped together from other and

o   The differentia doesn’t prima facie have a rational relation to the object sought in selection of eligible candidates for the civil services

·        The guarantee of equal protection applies against substantive and procedural laws.

·        The decision making should be fair, transparent and open.

·        The guarantee of equal protection includes absence of any arbitrary discrimination by the laws themselves or the matter of their administration.

·        Here prima facie the rules have been applied with an unequal hand.

·        Equality of opportunity in the matter of public employment. (Article 16)

The true impact of equality of opportunity is not simply a matter of legal equality. Its existence depends not merely on the absence of disabilities but on the presence of abilities and opportunity of excellence in each cadre/grade as equality of opportunity, meaning equality between the members of same class of employees and not between that of separate independent classes. This right prima facie has also been denied.

5.    Inability to approach the court: My father has since long retired and I do part time jobs and tuitions to enable myself to live in Delhi and appear for the exams. I do not have the economic means required to hire lawyers and approach the court.

6.    Urgency of the matter: Mains examinations for this year are slated to begin from October 29. Delay in giving relief in the said matter may cause irreparable and irreversible harm to many eligible and deserving students due to passage of time.

In India, the honourable Supreme Court is the last refuge of downtrodden, economically disadvantaged and helpless. Many a times, relief has been granted on the basis of letters. I trust my letter to this institute of justice in India, will not go in vain.

Thank You

Yours faithfully

XYZ

Events @ September 21

September 21, was an important day full of new challenges, achievements, promises and hopes for the IAS aspirant community. Against as planned intially the students couldn't pursue their 'Gift a Flower Campaign' to wake UPSC since they couldn't get permission to gather near Supreme Court for security reasons. The follow up for the same is in process.

At 4:30 pm the evening became bright with the arrival of two luminaries Social Activist Mr. Nikhil Dey and Member Lok Sabha Mr.Oscar Fernandes who came to hear the grievances of student community.

Mr. Fernandes assured the students of a probe in the matter. Simultaneously he also invited a representative group of students to Parliament to voice their grievance. He also added if required assistance shall also be sought from CVC to tackle the issue.

Mr Nikhil Dey too expressed his regret and concern over this grave injustice and lack of transparency at the Central level. He promised students of his active support and counsel.



MP Mr. Oscar Fernandes assuring students of help



Mr. Oscar Fernandes attending to students@ Jantar Mantar



Social Activist Mr. Nikhil Dey consoling and preparing students

September 21, Tuesday @ SC: UPSC Mend Your Ways

On 21st September, the Group of students seeking transparency in the Prelims Result has planned to demonstrate in front of Supreme Court so that it can direct UPSC to mend its unscruplous ways. We would be presenting a flower to every passerby and requesting him to carry our cause the way forward. UPSC has become an organisation that disregards the provisions of the constitution like RTI and trasnparency related matters. So let us invoke the SC the gaurdian of our findamental rights to teach UPSC how to adhere to the provisions of the constitution and guarantee ourselves the basic right to know why and by what margin we did fail.

Media and Us: A snapshot

Requesting the International Human Right Commission for Support

Violation of Human Rights of Student Community in India: The Case of Massive Corruption

Dear Sir

This is to bring to your kind notice the blatant disregard of human rights of student community in India, by a wanton Government Organization, Union Public Service Commission (UPSC).

This organization holds an exam annually for recruitment to Indian Administrative Services (IAS) of topmost cadre for which 400 000 candidates aged between 21 to 31 years apply.

India being a developing nation, demographically full of young men and women, economically full of unemployed and morally full of exploitable youth. This group of young men and women mostly belong to middle class, are graduates and have high ambition for their future. Of course, acquiring a top cadre government job remains a dream prime.

And the organization who is largest in size in India and is responsible for selection to the highest cadre post is nontransparent and seemingly corrupt. They don't believe in fair practices and the results of the exam are declared as "Sorry" or "Congrats", without letting students know the marks obtained.

This makes the student community deeply frustrated and anguished over the issue. Many of the meritorious candidates see their future getting spoilt. There are only four attempts allowed for the exam in which a candidate has to clear the three stage selection procedure in one row, consisting of the Prelims, Mains and the Interview. This time the problem is with the discrepancy in the result of Prelims Exam Results 2010, where in students fairing poor in the exam are through, while the brilliant are neglected. The induced malignancy is also evident from the lumps of selected roll numbers in the selected roll number list. There are further some evidences with the students which can be produced as per the requirement.

The age of 21 to 31 is crucial and their getting employment as per merit is important or they may turn into fundamentalists.

The student community in the capital has put in protest a Hunger Strike from 9 am to 5 pm at Jantar Mantar, New Delhi, to give the authorities a wake up call. But since the corrupt organization is quite powerful they are paid heed by none.

Hence on behalf of the aggrieved student community, whose right to equality, right to information, right to secure a livelihood is being marred by corruption; I request you to look into the matter, guide us and ensure us a speedy justice.

Thank You
--
Regards,
Web-info Team

A Sample RTI: File at least an RTI

Ready to Fill-in RTI Form

To

The Central Public Information Officer

Union Public Service Commission

New Delhi- 69

Sir

Under Right to information Act 2005, the following information is sought regarding Civil Services Prelims Exam 2010:

1.    Raw marks and scaled marks in General Studies and in the Optional subject.

2.    Raw marks and scaled marks of all the candidates who appeared in Civil Services Prelims Exam 2010.

3.    Cut off marks for all the subjects.

4.    Solved/Model answers for the question papers of all the subjects and General Studies.

5.    The number of candidates selected from each subject in the Prelims exam 2010.

Thank You

Name ______________

Father’s name____________

Roll No________

Address________________________________

Phone___________

Date______________

A Request to Supreme Court of India by the grieved Students

Our Request to Honourable Supreme Court

1. Considering the large scale manipulation in the result of Civil Services Prelims Exam declared on August 19, 2010, immediately a stay should be put on Mains exam, in order ensure fair practices and saviour of career of thousands of aspirants.
2. Considering the crucial career years of students, some restriction needs to be put on the attitude of Union Public Service Commission who believes in delaying the process of justice.
3. While the matter is pending in court, Union Public Service Commission for the last four years hasn’t made any information available to the students, where the State Public Service Commissions in Uttar Pradesh, Bihar, Uttarakhand are cooperating fully in providing the sought information. Regarding this, the student community has an appeal to make to the Supreme Court to provide justice as early as possible.
4. Whatever evidences of the aforesaid corruption we have collected, should be kindly considered keeping in view the opaque nature of affairs of UPSC, where in least cooperation is done in providing any information.
5. Some evidences: Lumps of selected roll numbers in the result: In the result sheet file available on UPSC website, there is huge variation in the distribution of selected roll numbers in the wholesome roll number list. Out of the first 1.1 lakh, roll numbers there are 6300 selected candidates, then from rest of 3.9 lakh roll numbers only 5000 selections which is against the laws of probability distribution and implies some manipulation.
6. Through some of the sources like candidates who wrote the exam, some related material and some people who don’t want to be named it was confirmed that students who attempted greater number of correct answers in the Prelims exam, aren’t through, while the candidates who attempted lesser number of correct answers could make it. Since the information provided by UPSC in public domain, regarding this is negligible it couldn’t be established furthermore.
7. Leaving our queries unanswered, violating the RTI, UPSC’s silence on the issue, despite of repeated student requests and protests, in itself casts a shadow over the affairs of tainted UPSC, who has even earlier been into such cases, but due to those cases ever been pending in court could never been brought to book. Henceforth, we request the Supreme Court to look into the affairs of UPSC so as to ensure fair practices and transparency.
8. Therefore, we humbly request the honourable Supreme Court to take into consideration our immediate cause and put a hold on the corrupt and malicious selection process of Civil Services Exam 2010, so that we are not deprived of justice and our faith in the judicial process of India is strengthened.

The Case of Massive Corruption

Union Public Service Commission (UPSC) hosts an annual exam for selection to Government services (Indian Administrative Services) of topmost cadre. This exam is considered to be one of the most reputed exams in the nation, which includes a three stage selection process: Prelims, Mains and Interview.

Since long candidates have witnessed some up and downs and the lack of clarity of criteria for the interview process, but it is for the first time that the wanton UPSC unbothered of our Fundamental Rights, RTI and other judicial empowerment measures has declared the Prelims’ result full of fallacies.

The irony is, the website www.upsc.gov.in doesn’t tell the candidate his marks in the exam or cut off, rather it believes in the acceptance of lottery system by answering “Sorry! Try again” or “Congrats” as an answer to the marks query of the students.

Every year around 500, 000 graduates write this prestigious exam. A candidate is provided with four attempts to clear prelims, mains and interview in one row. There are always many who have devoted more than five years for the preparation of the exam and after attempting a good many answers right, they hope for a positive result. Regrettably, this time the students with 40-55 attempted right answers are in for the next stage and the ones with 70-95 correct are sitting out and just speculating what went wrong.

There could be two reasons for such a malignancy:

1. Motive-based selection/Corruption

2. Any computing error (as Set D students have suffered most)

The solution is simple won’t even take much of UPSC to put in place:

1.    Putting a stay on the Mains Exam that start from October 28, until the results of the Prelims exam are re-examined, so that the undeserving candidates gone to the next stage are not finally selected.

2.    Publishing the model answers of the test held on May 23, 2010.

3.    Declaring the cut-off marks for all subjects and General Studies (GS).

4.    Disclosing the marks of candidates vis a vis in GS and in Optional subject that they can make out for what margin they could or couldn’t make through.

5.    Setting up of a re-evaluation process in place for those who are doubtful of the scores obtained can get their scores rechecked. Similar process was conducted in 1986 and 1998.

6.    Lastly, if it cannot do any of the above, considering the massive angst at the mishandling of affairs it should cancel the previous exam and conduct a new one that takes into consideration the transparency fact to maintain the sanctity of the exam.

 What makes us reach the conclusion UPSC has been corrupt in Prelims 2010:

1. Lumps of selected roll numbers in the result: In the result available on UPSC website, there is huge variation in the distribution of selected roll numbers in the wholesome roll number list. Out of the first 1 lakh roll numbers there are 6300 selected candidates, then from rest of 4.5 lakh roll numbers only 6200 selections which is against the laws of probability distribution. There are more pronounced similar kind of variations that from a particular thousand the selection ratio is as high as 30% and from some thousand as low as 0%. It can be doubted that there could have been regional biasness or secret termination of selected test centres.
2. More number of issued roll numbers than the number of candidates who have applied: This is hilarious and equally dubious too. How could more number of students write exam than the figure that applied? (Proof: Document issued under RTI by UPSC)
3. Declaration of result of exam held on May 23 on August 19: In the era of speedy processing of results by computer checked OMR sheets three months time is enough to generate scepticism about it: Was this much time in the processing of result was a call for bribe in between or for seeking adjustment in the actual result!! Nowhere as much as a three month time is taken for preparation of an OMR sheet based result.
4. Some students who didn’t attend the exam, instead of being shown as absent are either selected or have been shown as failed.
5. Many of those students who could reach the interview stage in the last attempt haven’t been able to make through even to Prelims this time.
6. Contrary to prior announcement of declaration of 17000 of successful candidates, the list mentions only about 12500 selections for Mains in all.
7. Last but not the least, UPSC's Response: Its silence, inaction on the issue, avoidance of RTIs filed by the candidates by answering that the matter is under subjudice and taking advantage of the cumbersome legal process and limited resources of the student petitioners. It is worth mentioning, that there are 84 cases pending in various high courts against the tainted UPSC.

The student community in the capital has tried to give UPSC a wakeup call by demonstrating in front of UPSC Bhavan, Candle Light March at India Gate and sitting on indefinite hunger strike at Jantar Mantar, but UPSC has totally ignored it so far. The judicial process is on since 2006 and again some new writs will be put into process but the safeguard of career of Indian youth shouldn’t come 25 years later as it was remittance to Bhopal Gas Tragedy victims.

UPSC aspirants are graduates, aged between 21 to 31 years, bachelors and in the most susceptible phase for turning towards rebel groups to express their outburst against the system.

So this is a call to the society and the ideals of society to protect the youth and come forward to ensure fair practice in the most coveted exam of government of India.

Tele-contact Person: Mr. Ajay Mishra
Phone: 9717581280




E-contact Person: Ms. Shivani
E-mail: pad.upsc@gmail.com

Candle Light March @ India Gate, August 23

On Hunger Strike @ Jantar Mantar since Sept. 4

Students Protesting @ UPSC Bhavan, Sept 8

List of Cases in Various Courts Pending against UPSC

Three Guns Salute to the Hungerstrikers

The group of brilliant intellectuals of India who are protesting against the rampant corruption and lack of transparency in UPSC, have been on a hunger strike since Sept 4, at Jantar Mantar as a voice of grievance of all of us. Since they could get no permission to sit beyond 5 pm there, the hunger strike pertains to the daytime only. Some of the hunger strikers have started suffering weakness in walking and cramps. To be noted that this group is from 21 to 31 years of age and is wholetime devoted to studies. After the day hungerstrike they are unable to ensure nutritious food for themselves, for the fund scarcity that mostly mars a student and even hampers us in the protest. Despite of the suggestions of the fellow students they are not abandoning the hungerstrike protest and are carrying sincerely the cause forward.

From the mediamen, it has come that they have been under trememdous pressure from the UPSC not to give any sort of impetus to the issue.

It is easy for us to be IAS or state PCS aspirant and comment on corrpution comfortably in our rooms, but really is a Herculean Task to abandon meals, sit there at uneven floor in sun and in rain for a common cause that affects us all.

Guns salute to the team of Hunger strikers at Jantar Mantar.

Blood Donation Camp for Dengue Victims Suspended

The IAS aspirants protesting against the corrupt UPSC, on Sept 9 wanted to donate blood for the large number of Dengue victims in the capital as most blood banks these days are running short of it., in their vicinity Batra Cinema Parking, Mukherji Nagar New Delhi. But the local policemen who were phoned by some others, didn't allow that to happen. They cancelled the permission letter taken from SHO a day before, and asked for getting a new permission from DSP the same day. The tent was not allowed to be erected for which students had contributed by their savings from pocket money. And after waiting for three hours without avail the Blood Bank Van from Hindu Rao Hospital also left. The guest and local leader Madam Rajni Abbi who had agreed to grace the occasion, also could do little in pursuing the authorities.

Friends, this isn't a normal administration problem, or an event organization matter. This is a blatant disregard for out right to express ourselves peacefully and to protest against the corrupt system.

AN APPEAL

We are Civil Services aspirants and we want to voice our grievances against the anomalies and widespread discrepancies in the result of Preliminary Test of Civil Services Examination-2010, conducted by U.P.S.C. (Union Public Service Commission).


Key Concerns

[1] U.P.S.C. has lowered the intake, of selected candidates this year arbitrarily. Normally, as shown by earlier records, U, P. S.C. takes the selected candidates to the advertised vacancies in P.T. Exam, in the-ratio of 15:1; but the discretionary power of U.P.S.C. is used arbitrarily in this case, and as against 965 advertised vacancies, only 12,450, candidates are selected, this year. This has lead to loss of precious years of preparation and hard work put up by the Civil Services aspirants, affecting their right to life and dignity. U.P.S.C. should revise the number of selected candidates of P.T. EXAM -2010, on this ground, and should arrange for the next step of Civil Services Examination, i.e., Mains Exam, for the revised additional candidates, too.

[2] Some irregularities like candidates not clearing the Exam in-spite of scoring higher than some of the selected candidates in the Objective Test like Preliminary Test-2010 have cropped up, and this could be because of non application of mind by U.P.S.C, in arbitrarily reducing the intake of the selected candidates. This could only be corrected by U.P.S.C. by revising the result of P.T.2010, and declaring the expected additional number of students in the revised list. Till then the Examination process of civil services exam-2010 should be stopped.

[3] The evidence of irregularities is obstructed by U.P.S.C itself, as it has stubbornly refused to show raw marks, scaled marks and cut-off list of candidates. So, in future this kind of obscurantism can be avoided and U.P.S.C. should agree to the acceptable framework of transparency in its selection procedure.

Thank You,

Yours sincerely,

Aggrieved Candidates of Civil Services Exam-2010.

Date-29/O8/2010