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2019 Supreme(Del) 1696
IN THE HIGH COURT OF DELHI
ANU MALHOTRA, J.
Prateek Singhal - Appellant
Versus
National Testing Agency (NTA) Department of High Education Ministry of Human Resources Develpment & Another - Respondents
W.P.(C) No. 8307 of 2019 & CM. No. 34399 of 2019
Decided On : 19-08-2019
For the Petitioner:R.M. Sinha, P.M. Sinha, Advocates.
For the Respondent:Amit Bansal, Arjun Mitra, Advocates.
The Court held that the petition was barred by latches and that there was no reason or justification to interfere in the eligibility criteria laid down by the respondent No.2 in its Information Bulletin. The Court also held that the petitioner had failed to satisfy the Court that the eligibility criteria suffered from any illegality, arbitrariness, or caprice.
Headnote:
The petitioner, who secured 64.4% marks in the Standard 12 examination conducted by the CBSE, seeks to pursue a Five-year B. Arch. Degree course at the Maulana Azad National Institute of Technology, Bhopal. The petitioner applied for the JEE (Main) vide application dated 27.9.2018 and appeared for both the First and Second Attempts of the JEE (Main). On 1.9.2018, the respondent No.1 published an Information Bulletin for the First Attempt of the JEE (Main), which specified the eligibility criteria for admission to NITs, IIITs, and CFTIs participating through the Central Seat Allocation Board. The eligibility criteria required candidates to have secured at least 75% marks in the 12th class examination or be in the top 20 percentile in the 12th class examination conducted by the respective Boards. On 25.9.2018, the respondent No.1 issued a public notice amending the eligibility criteria for admission to B.Arch./B.Planning courses. The amended criteria required candidates to have passed an examination at the end of the 10+2 scheme of examination with at least 50% aggregate marks in Physics, Chemistry, and Mathematics and also at least 50% marks in the aggregate of the 10+2 level examination. The petitioner became eligible to appear for the JEE (Main) Examination pursuant to the amended public notice. The petitioner secured a percentile score of 99.2676875 in the First Attempt and 98.7260414 in the Second Attempt. The petitioner was allotted the Maulana Azad National Institute of Technology, Bhopal, and was given five days for document verification. However, on 1.7.2019, the petitioner was informed that his seat had been canceled due to the amended JoSAA Rules dated 16.6.2019. The petitioner challenged the cancellation of his seat, arguing that the change in eligibility criteria was violative of the doctrine of legitimate expectation and that the JoSAA did not have the authority to fix the eligibility criteria. The respondents contended that there had been no change in the eligibility criteria for pursuing the 5-year B.Arch. Degree course and that the petitioner was ineligible for admission to the NITs, IIITs, and CFTIs through the Central Seat Allocation Board as he did not meet the eligibility criteria of securing at least 75% marks in the 12th class examination or being in the top 20 percentile. The Court held that the petition was barred by latches and that there was no reason or justification to interfere in the eligibility criteria laid down by the respondent No.2 in its Information Bulletin. The Court also held that the petitioner had failed to satisfy the Court that the eligibility criteria suffered from any illegality, arbitrariness, or caprice. The Court dismissed the petition.
Fact of the Case:
The petitioner, who secured 64.4% marks in the Standard 12 examination conducted by the CBSE, seeks to pursue a Five-year B. Arch. Degree course at the Maulana Azad National Institute of Technology, Bhopal. The petitioner applied for the JEE (Main) vide application dated 27.9.2018 and appeared for both the First and Second Attempts of the JEE (Main). On 1.9.2018, the respondent No.1 published an Information Bulletin for the First Attempt of the JEE (Main), which specified the eligibility criteria for admission to NITs, IIITs, and CFTIs participating through the Central Seat Allocation Board. The eligibility criteria required candidates to have secured at least 75% marks in the 12th class examination or be in the top 20 percentile in the 12th class examination conducted by the respective Boards. On 25.9.2018, the respondent No.1 issued a public notice amending the eligibility criteria for admission to B.Arch./B.Planning courses. The amended criteria required candidates to have passed an examination at the end of the 10+2 scheme of examination with at least 50% aggregate marks in Physics, Chemistry, and Mathematics and also at least 50% marks in the aggregate of the 10+2 level examination. The petitioner became eligible to appear for the JEE (Main) Examination pursuant to the amended public notice. The petitioner secured a percentile score of 99.2676875 in the First Attempt and 98.7260414 in the Second Attempt. The petitioner was allotted the Maulana Azad National Institute of Technology, Bhopal, and was given five days for document verification. However, on 1.7.2019, the petitioner was informed that his seat had been canceled due to the amended JoSAA Rules dated 16.6.2019. The petitioner challenged the cancellation of his seat, arguing that the change in eligibility criteria was violative of the doctrine of legitimate expectation and that the JoSAA did not have the authority to fix the eligibility criteria. The respondents contended that there had been no change in the eligibility criteria for pursuing the 5-year B.Arch. Degree course and that the petitioner was ineligible for admission to the NITs, IIITs, and CFTIs through the Central Seat Allocation Board as he did not meet the eligibility criteria of securing at least 75% marks in the 12th class examination or being in the top 20 percentile.
Finding of the Court:
The Court held that the petition was barred by latches and that there was no reason or justification to interfere in the eligibility criteria laid down by the respondent No.2 in its Information Bulletin. The Court also held that the petitioner had failed to satisfy the Court that the eligibility criteria suffered from any illegality, arbitrariness, or caprice. The Court dismissed the petition.
Issues: 1. Whether the change in eligibility criteria for admission to the B.Arch./B.Planning courses was violative of the doctrine of legitimate expectation? 2. Whether the JoSAA had the authority to fix the eligibility criteria for admission to the NITs, IIITs, and CFTIs participating through the Central Seat Allocation Board?
Ratio Decidendi: 1. The Court held that the petition was barred by latches and that there was no reason or justification to interfere in the eligibility criteria laid down by the respondent No.2 in its Information Bulletin. 2. The Court also held that the petitioner had failed to satisfy the Court that the eligibility criteria suffered from any illegality, arbitrariness, or caprice.
Final Decision: The Court dismissed the petition.
JUDGMENT :
1. The petitioner who obtained 322 marks out of 500 in 10+2 Examination conducted for the year 2017-18 and who thus secured 64.4% marks in the Standard 12 examination conducted by the CBSE seeks to pursue the Five year B. Arch. Degree course at the Maulana Azad National Institute of Technology, Bhopal. The petitioner applied for the JEE (Main) vide application dated 27.9.2018 of which the result was declared of the First Attempt on 31.1.2019 and the petitioner also appeared for the second Attempt of the JEE (Main), the result of which was declared on 14.5.2019.
2. The petitioner submits that on 1.9.2018, the respondent No.1 i.e., the National Testing Agency published its Information Bulletin for the First Attempt of the JEE (Main) on 1.9.2018 and clause 3.1. thereof spelt out the eligibility for admission to NITs, IIITs and CFT through Central Seat Allocation Board. The said clause 3.1 of the Information Bulletin for the First Attempt of the JEE (Main), 2019 as uploaded by the National Testing Agency i.e., the respondent No.1 copies of which have been placed on record by both the petitioner and the respondent No.1 in terms of directions dated 14.8.2019 reads to the effect:
"3. Admission to NITs, IIITs, CFTIs, SFIs, State Engineering Colleges for Participating States and other Participating Institutions
3.1 Eligibility for Admission to NITs, IIITs and CFTIs participating through Central Seat Allocation Board
Admission to NITs, IIITs and CFTIs participating though Central Seat Allocation Board will be based on All India Rank as explained above in section 2.10 subject to the condition that the candidate should have secured at least 75% marks in the 12th class examination, or be in the top 20 percentile in the 12th class examination conducted by the respective Boards. For SC/ST candidates the qualifying marks would be 65% in the 12th class examination.
Subject combinations required in the qualifying examination for admission to B.E./B.Tech. & B. Arch./B.Planning Courses in NITs, IIITs, and other CFTIs shall be as under. (emphasis supplied)
| Course | Required Criteria based on Class 12th/Equivalent qualifying Examination |
| B.E/B.TECH. | Passed 10+2 examination with Physics and Mathematics as compulsory subjects along with one of the Chemistry/Biotechnology/ |
| B. ARCH./B. PLANNING | Passed 10+2 examination with Mathematics. |
3.2 Eligibility for Admission to other Institutions
The above mentioned policy could also be adopted by other Technical Institutions participating in counselling through JoSAA/CSAB. In case a State opts to admit students in the engineering Colleges affiliated to State Universities, the State may prepare separate rank list based on criteria decided by them.
3.3 Number of seats in various institutions
For all admission related procedures/queries, the candidates are advised to refer the website of JoSAA, Central Seat Allocation Board (CSAB) or the concerned State Government/Institute after declaration of ranks of JEE (Main)–2019. The letter/e-mails/grievances/RTI cases/Court cases regarding admission related procedures/queries will not be entertained by NTA.
3.4 Reservation of Seats
As per Government of India rules candidates belonging to certain categories are admitted to seats reserved for them based on relaxed criteria. These categories are:
(i) Other Backward Classes (OBC) if they belong to Non Creamy Layer (NCL)
(ii) Scheduled Castes (SC)
(iii) Scheduled Tribes (ST)
(iv) Persons with Disability (PwD) with 40% or more disability"
3. The petitioner submits that he was thus then admittedly not eligible in terms of the said clause 3.1 to appear for the JEE (Main) Examination.
4. The petitioner submits that vide a public notice dated 25.9.2018 the said clause 3.1 adverted to herein above was amended by the respondent No.1, the National Testing Agency and the said public notice reads to the effect:
"The Co
