KATHMANDU, Oct 15: The Supreme Court (SC) on Thursday ordered the Public Service Commission (PSC) to allow coronavirus (COVID-19) infected to appear in public service examinations.

Issuing an interim order, a single bench of Justice Sapana Pradhan Malla directed the PSC to allow every legitimate examinee to sit for the examinations by making necessary arrangements.

The apex court was responding to a Public Interest Litigation (PIL) filed by a group of lawyers including Shailendra Prasad Ambedkar. Section 8 (1) of the Examinations Operation and Management Standard, 2020 which was recently enacted prohibiting COVID-19 infected from taking examination was challenged at the apex court stating that the provision violated the fundamental rights of the individuals. 

According to the Standard, every individual should declare whether or not he or she is infected with the virus before sitting for the examinations and the coronavirus positive are disqualified for taking the examinations.

The petitioners claimed that the coronavirus infection is just a disease and it could not be taken as a demerit for searching the government service which violates Article 18, 21, 23 and 33 of the Constitution.

The petitioners had asked the apex court to issue an order to the PSC to arrange for a separate examination center for those infected by the coronavirus.

 
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