Writ in SC

Monday 25 August, a sigh of relief was heaved by all as the writ was filed in SC with the assistance of our lawyer who has been doing it free of cost for us. The guys engaged in the legal process, sittings with the lawyers had huge expectations from everybody to be agile on the issue. They worked day and night, ran lawyer to lawyer for suggestions and could finally get it done. Web Team shall try, if possible and permitted, post some scanned copies of documents related to writ over here.

Hopes from the writ: Optimist View: Immediate stay on the Mains 2010 exam: Could be/Coudn't be: It would depend a lot on the attitude of the judge concerned and the dates that are provided for hearing.
Skeptics View: Long legal fight can ensue between UPSC and the 2010 case filing people, which may lose momentum if in 2011 due to changed pattern and some pressure, UPSC starts declaring marks obtained...Secondly it is also feared that our writ can get clubbed with the 2006 Prelims, similar matter pending in Supreme Court. If that happens then our hearing would be next on November 11, with 2006 candidates case and the proceedings shall move with their case. It is worth noting that the 2006 grieved candidates, organized themselves for a long legal and social fight, into a group called TSA(Transparency Seekers for Accountability). It is an NGO, and they came for active support during 2010 sufferers fight.

Now, the concern of us is, who is the judge in the matter. Because that would matter a lot. Some judges are sensitive to the cause of students leaving studies fighting in courts, they understand the gravity of need of speedy justice in the matter and the dates allotted for subsequent hearings are not to far. While the rest of them, don't care.

It has also been observed while looking at the profile and families of several judges associated with the cases against UPSC, that their children are IAS officers. Now this has to be established and sought out why during the case years only the offspring of judges write civils and they get through. Is it a mere coincidence or again something fishy!!(Source: Some analyis by NGO TSA, in their fight).

Well, right now we can't focus on it as we have to remind ourselves that we are fighting against corruption in UPSC, not against general corruption or corruption pertaining to media, police or judiciary whom we encounter most. And we were not allowed to sit at Jantar Mantar for fast unto death. We again reminded ourselves that we are not fighting for sitting at Jantar Mantar or to make space available for those with genuine complaints in India, we are fighting against UPSC. We shifted place to Delhi University. Since yesterday we are there. Today the hungerstrikers for the third time have started their fast unto death. May God bless them and give media some urgent required conscience to address such an important cause selflessly.

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