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Delhi HC transfers plea to postpone Delhi Higher Judicial Service Main Exams 2019

The plea claimed that the notice is violative of the fundamental rights by forcing the candidates, like the petitioner, to risk their health and safety in the current situation of the Covid-19 pandemic

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The Delhi High Court on Tuesday transferred to another bench a plea seeking to postpone the Delhi Higher Judicial Service Main Examination 2019, scheduled on March 13-14, till the Covid-19 vaccination drive is complete for lawyers.

A division bench of Justices Manmohan and Asha Menon transferred the said matter to another bench headed by Chief Justice D.N. Patel and kept the matter for hearing on March 12.

The petition, filed by one of the candidates for the examination, submitted that the petitioner is suffering from severe medical conditions, leaving him at risk of serious and life-threatening complications if he contracts coronavirus infection.

The petition, filed through advocates Aditya Kapoor, Kushal Kumar, Harsh Ahuja and Akash Deep Gupta, sought quashing of February 18 notification issued by the Delhi High Court notifying the schedule of the examinations on March 13 and 14.

The petitioner said he is a meritorious and middle-aged person who is suffering from severe health problems of cancer and had undergone radiation therapy with administration of chemotherapy doses and is currently having an extremely weak immunity. He said he is at a higher risk of severe complications from contracting coronavirus.

Also Read: Fill vacancies in National Commission for Minorities, submit report: Delhi HC to Centre

The plea claimed that the notice is violative of the fundamental rights by forcing the candidates, like the petitioner, to risk their health and safety in the current situation of the Covid-19 pandemic.

It said many states, including Delhi, are witnessing a rise in Covid-19 cases and there are more than 1,701 active cases in the capital as on March 4, 2021, and around 240 new cases per day are getting detected on a daily basis.

“In view of the resurgence of Covid-19 cases in many states, including Delhi, the conduct of main exams in the month of March 2021 would unjustly expose the candidates including the petitioner to the high risks of contracting coronavirus.

“It is also submitted that many candidates including the petitioner for the exam are of mature age and most of them also have compromised immunity due to various ailments,”

-the petition submitted.

It also referred to recent suo motu cognizance taken by the High Court on the demand for vaccinating judges, court staff and lawyers on a priority basis and said it might be possible that the issue of vaccination is decided by the Central government soon and it would allow lawyers to get vaccinated and thereby diminishing the risk of contracting the virus.

Also Read: Mask wearing: Delhi HC directs DGCA, airlines, in-flight crew to ensure no passenger travels without mask

“The absence of any urgency to conduct the main examinations and presence of the risks involved in conducting the examinations thus call for the postponement of the main examinations,”

-it said.

The result of the preliminary examinations was declared on February 13 last year, wherein 280 candidates were shortlisted to appear for the Delhi Higher Judicial Service Main Examination (Written)-2019. The main exams were postponed in view of the Covid-19 pandemic and fresh dates were to be announced later.

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