The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by a child rights activist and a lawyer, seeking twin reliefs of rescheduling JEE (Main)-2023 examination from January 2023 to April 2023 and for relaxation of minimum eligibility criteria fixed at 75% marks (65% for SC/ST) in XII Board Examination for admissions to NITs, IIITs and CFITs.
So far as the first prayer for rescheduling of JEE main examination, the High Court on 10th January 2023 held that on the basis of the present PIL on behalf of a child right activist, it would not be appropriate to direct postponement of the examination scheduled pan India.
The National Testing Agency has been established to conduct entrance examinations for admission / fellowship in higher educational institutions. The National Testing Agency issued public notice dated 15th December 2022 inviting online application forms for Joint Entrance Examination (JEE) (Main) – 2023 Session I (January 2023) proposing to hold JEE (Main) 2023 in two sessions in January 2023 and April 2023. JEE Main and Advanced are to be conducted for admissions to National Institutes of Technology (NIT), Indian Institutes of Technology (IIT) and CFITs.
An Information Bulletin was published by the National Testing Agency for JEE (Main) 2023. In chapter 14 of the Information Bulletin dealing with ‘admission’ following condition in clause 14.1 has been incorporated:
“14.1 Eligibility for Admission to NITs IIITs and CFITs participating through Central Seat Allocation Board (CSAB) Admission to BE / B. Tech / B. Arch. / B. Planning courses in NITs, IIITs and CFITs participating through Central Seat Allocation Board will be based on All India Rank subject to the condition that the candidate should have secured at least 75% marks in the class XII examination conducted by the respective Boards. For SC/ST candidates the qualifying marks would be 65% in the class 12th / qualyfing examination. The candidate is also required to pass in each of the subjects of class 12 / qualifying examination.”
Petitioner is aggrieved by condition No.14.1 in the Information Bulletin.
The eligibility criteria of securing at least 75% marks in class XII examination or be in the top 20 percentile in class XII examination conducted by respective Boards for admissions to NITs, IITs and CFITs was first introduced during the academic year 2017-18. Irrespective of the score of candidate in JEE, they could not be granted admissions to those institutions unless they secured minimum 75% marks for General category and 65% marks for SC/ST category in XII std. examination. On account of Covid-19 pandemic, the said condition of securing minimum percentage of marks was relaxed for JEEs conducted in the years 2020- 21, 2021-22 and 2022-23. The said minimum criteria is insisted upon in the JEEs held in the year 2023 (AY 2023-24). Petitioner is aggrieved by the decision of the National Testing Agency in prescription of the said criteria and has accordingly filed the present petition in public interest.
Anil Singh, the Additional Solicitor General of India would oppose the petition. He submitted that the criteria of minimum 75% marks has not been introduced for the first time in the year 2023 and the same has been in existence since the year 2017-18. The said criteria was prescribed even for the year 2020-21 and 2021-22 but by separate letters, relaxation was granted to that condition on account of Covid-19 pandemic. That petitioners cannot seek continuation of such relaxation forever. There cannot be any legitimate expectation in a hope. In support of his contentions Mr. Singh would rely upon judgments of the Apex court in Maharashtra State Board of Secondary and Higher Secondary Education and Anr. Vs. Parisosh Bhupesh Kurmarsheth, AIR 1984 SC 1543 and State of Bihar Vs. Sachindra Narayan and Ors., (2019) 3 SCC 803.
The Acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne noted that there is no denial to the fact that the condition of securing 75% marks (65% for SC/ST) or being in top 20 percentile of the board was incorporated in JEE (Main) 2018. The same was repeated in JEE (Main) 2019. The same was also present in JEE (Main) 2020.
For JEE (Main) 2021, the criteria of minimum 75% marks (65% for SC/ST) or being within 20 percentile of the board was repeated. However by letter dated 21st January 2021, the Government of India extended the relaxation granted in the previous year for JEE (Main) 2021 by directing them the qualified candidates needed just passing certificate in class 12th examination irrespective of the marks obtained. For JEE (Main) 2022, similar relaxation was granted by letter dated 20th June 2022.
The Government of India has not extended the relaxation granted in previous 3 years owing to Covid-19 pandemic for JEE (Mains) 2023. The Bench found that the relaxation was granted on account of existence of special circumstances by the Government of India. Petitioner and Intervener do not have any vested right to claim relaxation for the current year’s examination also. Merely because relaxation in criteria of minimum 75% marks (65% marks for SC/ST) in 12th Std. was granted in the previous 3 admission processes, the same would not entitle the students to continue to claim relaxation indefinitely.
“It would not be possible for the Court to sit in judgment over the decision of the National Testing Agency in prescribing the eligibility criteria for admissions to NITs, IITs and CFITs. Though National Testing Agency has filed additional affidavit dated 26th April 2023 offering justification for prescription of criteria of 75% marks, we cannot go into the merits of the said justification. “
The High Court held that the Petitioners cannot claim relaxation in eligibility criteria as a matter of right. Whether relaxation is to be extended or not is in the realm of policy decision of the government. The government may or may not relax the eligibility conditions depending on fact situation. Undeniably, the very same eligibility condition existed during the years 2017-18, 2018-19 and 2019-20 and the students seeking admission during those years accepted the said condition and the entire process of admissions was completed by following the said eligibility criteria.
The Bench do not find the said eligibility condition to be arbitrary in any manner. Petitioner or intervener have also not challenged prescription of the said condition. What they seek is essentially relaxation of the said condition. The relaxation is sought under legitimate expectation that the government would extend relaxation for the current year as well. However in absence of any vested right, no legitimate expectation would exist.
In State of Bihar Vs. Sachindra Narayan (supra), the Apex Court has held :
“23. In view of the above judgments, legitimate expectation is one of the grounds of judicial review but unless a legal obligation exists, there cannot be any legitimate expectation. The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right”.
The students, whose cause petitioner is allegedly espousing, neither have any vested right nor legitimate expectation to claim relaxation in the eligibility criteria for admissions to NITs, IITs and CFITs during the current year. Since grant of relaxation is a policy decision, the same can be taken by the Government of India in appropriate circumstances. The court would not be in a position to issue Writ of mandamus directing the government to grant relaxation in the eligibility criteria for admissions.