PRAVEEN SHARMA Vs. U P S C

JUDGEMENT

(1.) The petitioner is aggrieved by the decision of the Union Public Service Commission (UPSC) communicated to him by the letter dated 19.12.2005, whereby the petitioner was informed that his request contained in his letter dated 21.11.2005 addressed to the Chairman, UPSC for granting another chance to appear in the Civil Services Examination, could not be acceded to because the rules of the examination did not permit it. In the letter dated 21.11.2005, addressed by the petitioner to the Chairman, UPSC, a request, as aforesaid, had been made for another opportunity/ chance to appear in the Civil Services Examination. This request was made in view of the special circumstances of the case.

(2.) It was stated in the said letter dated 21.11.2005 that on 21.10.2005, when the petitioner was returning after appearing in the General Studies Paper-I and II of the Civil Services (Main) Examination, 2005 from the examination centre at St. Lawrence Convent School, Geeta Colony, Delhi, while crossing the road, he was hit from behind by a scooter. His right leg had been fractured. He was admitted to a nearby hospital (Hedgewar Arogya Sansthan) at Karkardooma, Delhi. The petitioner was suffering from acute pain due to the severe injury and was consequently operated upon at Orthonova Hospital, New Delhi on 26.10.2005. On account of the said injury, the petitioner could not appear in the remaining papers, which were held on 22.10.2005, 23.10.2005, 30.10.2005 and 06.11.2005.

(3.) It is further stated in the letter dated 21.11.2005 that the petitioner was fully confident and determined to succeed and to get a higher position/ rank in that examination. However, the accident prevented him from completing the examination. Since that was his last (fourth) chance to clear the examination, the accident, which was entirely beyond his control had, according to the petitioner, snatched away an opportunity for no fault on his part. It is on account of these circumstances that the petitioner made the following request in the said letter:-