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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prateek Jalan, J.
Isha Jaiswal & Ors. - Petitioners
Versus
National Testing Agency (NTA) & ors. – Respondents
W.P.(C) 1464 of 2021
Decided On : 21-05-2021
JEE Mains - Admission to Engineering Colleges - JEE (Main) 2021 - 3.1, 3.3 - The court discussed the eligibility conditions for JEE Mains 2021, specifically focusing on the age limit and year of appearance in the qualifying examination. The court highlighted the impact of the Covid-19 pandemic on the petitioners' ability to appear for the examination and the NTA's policy decision. The court referred to the Supreme Court's decision in Rachna & Ors. vs. Union of India & Anr. and emphasized the principle that interference with policy decisions is permissible only if the policy is found to be absolutely capricious, totally arbitrary, or not informed of reasons. The court concluded that the relief sought by the petitioners cannot be granted based on the precedent set by the Supreme Court's decision in Rachna.
Fact of the Case:
The petitioners sought an additional opportunity to appear in the JEE Mains 2021 due to their inability to take the examination in 2020, citing circumstances arising from the Covid-19 pandemic. They challenged the eligibility conditions set by the NTA for the 2021 examination.
Finding of the Court:
The court found that the relief sought by the petitioners cannot be granted based on the precedent set by the Supreme Court's decision in Rachna, which emphasized limited interference with policy decisions and highlighted the impact of the pandemic on examinations.
Issues: The main issue was whether the petitioners were entitled to an additional opportunity to appear in the JEE Mains 2021 due to the impact of the Covid-19 pandemic and the eligibility conditions set by the NTA.
Ratio Decidendi: The court applied the principle established in the Supreme Court's decision in Rachna, emphasizing limited interference with policy decisions and the impact of the pandemic on examinations. The court concluded that the relief sought by the petitioners cannot be granted based on the precedent set by the Supreme Court's decision in Rachna.
Final Decision: The petition was dismissed, and no order as to costs was made.
JUDGMENT :
Prateek Jalan, J.
The proceedings in the matter have been conducted through video conferencing.
1. The petitioners were candidates for admission to engineering colleges through the Joint Entrance Examination (Mains) [hereinafter, “JEE Mains”], conducted by respondent no. 1/National Testing Agency [hereinafter, “NTA”] in January and September 2020. They claim that they were unable to take the examination in the September 2020 session, or were not able to deliver satisfactory performances therein, due to circumstances arising out of the Covid-19 pandemic.
2. The JEE Mains of the year 2021 are now in progress. The petitioners however are unable to appear in the 2021 edition of the examination due to the eligibility conditions, which render the 2020 examination their last attempt. They seek an additional opportunity to appear in the examination this year, as they claim their inability to secure a satisfactory result in 2020 was due to factors beyond their control.
3. In the year 2020, the two sessions of the JEE Mains were originally scheduled to be held in January and April 2020. A candidate is permitted to take the examination in one or both sessions. Out of the eight petitioners, six of them appeared in both the sessions. Petitioner no. 1 appeared in one attempt and petitioner no. 4 was unable to appear in either of the two attempts.
4. For the 2021 examination, the NTA proposed to hold the examination in four sessions – in February, March, April and May, 2021. Factually, the examinations scheduled for the February and March, 2021 sessions were held and the examination for April and May, 2021 sessions have been postponed due to the pandemic. The eligibility conditions for the JEE Mains 2021 are set out in the Information Bulletin published by the NTA. The conditions which come in the way of the petitioners from appearing in the 2021 examination are as follows:
For appearing in the JEE (Main) 2021, there is no age limit for the candidates. The candidates who have passed the class 12/equivalent examination in 2019, 2020, or appearing in 2021 irrespective of their age can appear in JEE (Main) 2021 examination. However, the candidates may be required to fulfil the age criteria of the Institute(s) in which they are desirous of taking admission.
xxxx xxxx xxxx
3.3 Year of Appearance in Qualifying Examination Only those candidates who have passed Class 12/equivalent examination in 2019, 2020 or 2021; or those who are appearing in Class 12/equivalent examination in 2021, are eligible to appear in JEE (Main) 2021.
Candidates who passed Class 12/equivalent examination in 2018 or before as well as those who will appear in such examination in 2022 or later are not eligible to appear in JEE (Main) 2021.
Candidates must note that the IITs permit only two attempts for the JEE (Advanced), i.e. a candidate should have appeared for the Class XII (or equivalent) examination for the first time in either 2020 or 2021, subject to the condition of not having been admitted at an IIT on an earlier occasion. Details may be obtained from the Information Brochure of the JEE (Advanced) 2021. Please see link: https://home.iitd.ac.in/news-jab.php https://jeeadv.ac.in/.”
5. All the petitioners in the present case, had passed their Class- XII/equivalent examination prior to 2018 and are, therefore, ineligible for the JEE Mains 2021.
6. The writ petition cites various reasons in support of their claim for an additional attempt, including Covid-19 infections to the candidates and/or their families, severe floods in some parts of the country, lack of transport due to lockdowns, financial stress due to loss of livelihood, and mental stress and agitation in the unprecedented circumstances of the pandemic.
7. On this basis, the petitioners seek the following reliefs:-
Limited interference with policy decisions and the impact of the Covid-19 pandemic on examinations.
Policy decisions regarding exam eligibility cannot be arbitrarily altered and must adhere to established criteria, even in unprecedented circumstances like a pandemic.
The examining body's decision on eligibility criteria and exceptions falls within the domain of academic policy, and the court would not interfere unless there is manifest arbitrariness in the decisi....
The main legal point established in the judgment is that the entitlement to age relaxation for appearing in recruitment examinations is subject to specific provisions and factual considerations, and ....
The main legal point established in the judgment is that the government had already increased the maximum upper age limit by two years and the concession granted by the Supreme Court in a similar cas....
The court emphasized the importance of fulfilling the eligibility criteria and completing the necessary steps for seat acceptance as per the applicable scheme of admission, and cited previous judgmen....
Postgraduate students are entitled to additional examination attempts due to regulations issued during the COVID-19 pandemic.
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