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The Supreme Court today allowed students to make representations to the concerned authority of IIT to appear for JEE (Advanced).
A three-judge bench of Justices A.M. Khanwilkar, Dinesh Maheswari and C.T. Ravikumar disposed of a plea filed by students who qualified for JEE Mains 2021 in their 3rd attempt and were seeking accommodation to appear for JEE (Advanced) Exam for 2021. The Court has given liberty to petitioners to make a representation to appropriate authority of Respondent No. 2.
The petitioners are a group of students who have successfully cleared the JEE Mains in 2021. However, they are aggrieved by clause 4 in the JEE Advanced brochure that requires a candidate to take the examination within 2 years of clearing their 12th exam though the age limit is 25 years.
The plea also seeks to declare ineligibility criteria in Clause 11 of JEE (Advanced) 2020 Information Brochure insofar as it renders candidates who cleared Class XII in 2019 ineligible from being able to sit for JEE Advanced 2021 even after qualifying JEE Mains as arbitrary.
Advocate Sumanth, appearing for the petitioners, contended that small group of petitioners who have qualified the JEE MAINS and are seeking to appear in JEE Advanced. Only the students who appeared in the 2020 and 2021 exams are allowed to appear in the 2021 October Examination of JEE Advanced whereas the petitioner appeared in the 2019 examinations and is therefore denied the opportunity to appear in the upcoming October 2021 examinations which is wrong.
The petitioner further relied on judgement passed by Supreme Court in Jajati Panda and Ors v Union of India and Ors which pertained to extra attempt for JEE Advanced Examination 2021.
Advocate Sonal Jain for Respondent No 2 (IIT) contended that similar cases have been brought forward in the past few years and considerations have been made regarding the policy by the authority itself.
OBSERVATIONS OF THE COURT
The conditions are similar to the whole population, if the petitioner is aggrieved with the policies of taking the examinations, he should challenge and argue them with the concerned authority themselves. The petitioners have approached this court without taking up the matter with concerned authority of respondent no. 2.
The petition is disposed of with liberty to petitioners to make the representation to the appropriate authorities of respondent no.2 on the first place. After the representation, it’ll be open to the authorities concerned to make the decisions as permissible under the law. The court expresses no opinion in one way or the other.
CASE NAME- TEJAS BABASAHEB VEER vs. UNION OF INDIA
BENCH: HON’BLE MR. JUSTICE A.M. KHANWILKAR, DINESH MAHESHWARI & C.T. RAVIKUMAR