Back
2021 Supreme(Cal) 270
IN THE HIGH COURT AT CALCUTTA
AMRITA SINHA, J.
Soutrik Sarangi – Petitioner
Versus
IIT Kharagpur and Others – Respondents
WPA No. 11673 of 2020
Decided On : 25-08-2021
Advocate Appeared:
For the Petitioners: Mr. Subir Sanyal, Mr. Sagnik Roy Chowdhury, Ms. Smita Pal.
For the Respondents: Mr. U.S. Menon, Mr. Abhirup Chakraborty, Mr. Subhas Ch. Sarkar, Mr. R.N. Majumder, Mr. A. Mitra, Mr. Supratim Bhattacharyya.
Point of Law: Discrimination by way of restriction imposed upon IITians in taking the JEE (Advanced) for the second time is liable to be done away with. Equal opportunity ought to be afforded to both IITians and non-IITians to compete JEE (Advanced) in the second attempt.
Headnote:
Education Law - Joint Entrance Examination - Permission to appear in the entrance examination - first year student of the Indian Institute of Technology, Kharagpur, aspires to re-join the same institute in a different stream and he seeks permission to appear in the entrance examination once again.
Finding of the Court:
It is true that the huge number of vacancies in the engineering institutes is a matter of concern for all, but at the same time an institute cannot exercise control over a candidate to such an extent that the candidate feels suffocated to pursue the course-Students of engineering institutes have to be taken as matured individuals with a freedom to choose an institution or a course according to his choice and continue the same if he is eligible to do so. It is perfectly justified for the institute to set up eligibility criteria to regulate admission, syllabus, combination of subjects and whatever is necessary for the advancement of learning. The object is to improve the quality of education in the country and prevent brain drain. It is for the leading institutions like IIT to evolve mechanisms to prevent drop outs from higher education courses. At times a re-look becomes inevitable to keep pace with the changing demands and situations. Even a slight ray of sunlight can enlighten a blocked mind set; a gentle breeze may be enough to blow away the archaic ideas to give birth to a more inclusive competitiveness to search out a potential talent to take the country to greater heights.
Result: Petition disposed of.
JUDGMENT :
AMRITA SINHA, J.
1. The petitioner, a first year student of the Indian Institute of Technology, Kharagpur, aspires to re-join the same institute in a different stream and he seeks permission to appear in the entrance examination once again.
2. The petitioner appeared in the Joint Entrance Examination (Main), 2020 and on the basis of the percentile obtained by him he became qualified and eligible to appear in the JEE (Advanced), 2020. He scored rank 4015 which was not up to his expectation. He has given reasons for not getting a better rank. He however participated in the counselling process for admission in the institute and got himself admitted in the Chemical Engineering Dual Course.
3. The petitioner intends to appear in JEE, 2021 once again but the eligibility criteria for appearing in JEE (Advanced), 2021 stands in the way. It mentions that a candidate can attempt JEE (Advanced) a maximum of two times in consecutive years irrespective of whether or not he passed the qualifying examination. The candidate who had taken admission in any institute other than IITs in 2020 is eligible to appear in JEE (Advanced), 2021 provided the candidate satisfies other eligibility criteria.
4. In view of the aforesaid restriction the petitioner cannot compete in JEE (Advanced), 2021 as he got himself admitted in IIT Kharagpur in the year 2020.
5. The petitioner is aggrieved by the same.
6. According to him his performance would have been better had there not been disturbance and glitches at the time of the examination which was held online. The petitioner is convinced that he is better prepared and is capable of getting a better rank if he is afforded an opportunity to appear in this year’s advanced examination which is due to begin soon. The petitioner, by way of an interim order passed in this case, participated in JEE (Main), 2021 and according to his percentile he is eligible to appear in the advanced examination.
7. The petitioner submits that though there is a provision for withdrawal of candidature till the fifth round of counselling but due to mistake he could not withdraw his candidature during the aforesaid rounds. The petitioner submits that till the year 2019 for the purpose of withdrawal of the candidature the candidate was required to physically appear in the institute, but in view of the pandemic the withdrawal process has been made online from the year 2020.
8. According to the petitioner even though he is eligible to participate in JEE (Advanced), 2021 but because of the restriction clause he loses the opportunity to compete the same. The petitioner has submitted that the aforesaid clause in the eligibility criteria is irrational, unreasonable, arbitrary and illegal. The petitioner has prayed for a direction upon the respondent institute to allow him to appear in JEE (Advanced), 2021 and to consider his candidature on the basis of the rank secured by him in the said examination.
9. Submission has been advanced that the petitioner is an extremely meritorious candidate and has secured a very high percentile in JEE (Main), 2021 and he ought not to be debarred from appearing in the JEE (Advanced), 2021.
10. The learned advocate representing IIT Kharagpur vehemently opposes the prayer of the petitioner. It has been submitted that the petitioner prior to appearing in the examination was aware of the rules and regulations relating to the same. All the necessary details in respect of JEE (Main) and JEE (Advanced) are available in the website and any person interested to appear in the examination is expected to know the same.
11. It has been submitted that the Indian Institute of Technology is a very premier institute with a very high level of education. The candidates who appear and qualify in the entrance examination are all extremely meritorious.
12. The entrance examination is planned and supervised by the Joint Admission Board which comprises of Directors of all IITs, all members of Joint Implementation Committee comprising of Ch
