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IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Harshul Saini S/o Satyteet Saini – Appellant
Versus
Indian Institute of Technology (Iit) Delhi Through Its Director – Respondent
W.P.(C) 14811 of 2022
Decided On : 07-02-2023
OBC-NCL - Cancellation of Seat - JEE (advanced) 2022 - [Clause 15 of Information Brochure JEE (advance) 2022, JoSAA Business Rules, Maharshi Dayanand University v. Surjeet Kaur, Vinod Kumar v. University of Delhi, Nishant v. Union of India]
Fact of the Case:
The petitioner's seat in IIT Delhi was cancelled due to failure to submit a valid OBC-NCL certificate within the stipulated time. The petitioner argued that the delay was due to the faulty process of the State of Rajasthan and that his candidature should not have been rejected arbitrarily. The respondent contended that the petitioner did not comply with the requirements and was rightly considered in the general category.
Finding of the Court:
The court found that the petitioner failed to submit the required OBC-NCL certificate in the prescribed format within the specified time, leading to the cancellation of the seat. The court emphasized the importance of strict and uniform application of rules in the admission process, highlighting the need to maintain the sanctity and purity of the process.
Issues: The fundamental issue was whether the uploading of the provisional certificate before the deadline constituted sufficient compliance under the examination rules.
Ratio Decidendi: The court held that the petitioner's failure to submit the prescribed format of the OBC-NCL certificate within the specified time constituted a violation of the applicable rules and regulations. The court emphasized the need for strict adherence to the rules to maintain the integrity of the admission process.
Final Decision: The petition was dismissed, and the court found no substance in the petitioner's argument, stating that the petitioner was in violation of compliance with the examination rules and that no vacant seat was available for allocation.
JUDGMENT
Purushaindra Kumar Kaurav, J.
1. This petition under Article 226 of the Constitution of India is directed against the order of cancellation of seat dated 27.09.2022, issued by respondent No.2 with a further prayer to direct respondents No.1 and 2 to allot seats in Indian Institute of Technology (IIT), Delhi in Energy Engineering (4 years Bachelor of Technology) stream for the academic year 2022-23.
2. The facts of the case are that on 07.08.2022, the petitioner qualified Joint Entrance Examination (JEE) conducted by respondent No.2 - Joint Seat Allocation Authority, 2022 (in short, JoSAA, 2022) under Other Backward Classes-Non Creamy Layer (in short, the OBC-NCL) category. On 28.08.2022, the petitioner thereafter appeared in JEE advanced examination conducted by respondent No.2 under the same category. On 17.09.2022, the result of advance JEE was declared. The petitioner secured 1764 rank in the OBC-NCL category. On 24.09.2022, during the counselling process, he was allotted a seat for Energy Engineering (4 years Bachelor of Technology) under the OBC-NCL category. The petitioner was to submit all his documents including payment of fees etc. before 27.09.2022, up to 5 pm. On 27.09.2022, the petitioner submitted provisional certificates of the OBC-NCL alongwith other relevant documents. On 28.09.2022, he also submitted the final certificate issued by the State of Rajasthan in the Central Government format. However, on 27.09.2022, the seat allotted to the petitioner was cancelled for the reason that he could not submit the valid certificate within the time stipulated in the brochure.
3. The learned counsel appearing for the petitioner submits that the entire approach of respondent No.2 is erroneous and the same is manifestly arbitrary. According to him, the petitioner has not committed any wrong and it is only on account of the faulty and cumbersome process of respondent No.4 i.e., State of Rajasthan that there was some delay in the issuance of the certificate which, however, was timely uploaded by the petitioner and, therefore, his candidature should not have been rejected arbitrarily on the mechanical and frivolous grounds. He states that the petitioner had a valid certificate. Since the same had expired on 07.12.2020, therefore, he acquired a fresh certificate. Before the cut-off date, he applied for an OBC certificate with the respective State Government and after issuance of the provisional certificate, the same was uploaded timely i.e., before 5 pm on 27.09.2022. Even the final certificate was also issued by the said authority on 28.09.2022. According to him, on 27.09.2022 itself, at 05:04 pm, the respondent No.2 sent the text message to the petitioner accepting his newly uploaded document to be in order and therefore, the respondent No.2 at a later stage cannot take a different stand on the ground that on 27.09.2022, there was some anomaly in the uploading of the certificate by the petitioner.
4. The learned counsel placed reliance on decision of the Hon'ble Supreme Court in the cases of Sidhant Batra v. Director Indian Institute of Technology, IIT Bombay & Ors., Civil Appeal of 4029/2020 dated 06.01.2021, Prince Jaibir Singh Vs. Union of India and Ors., Civil Appeal No. 6983/2021 dated 22.11.2021, Dolly Chandra Vs. Chairman JEE & Ors., (2005) 9 SCC 779, Vinod Kumar v. University of Delhi and Ors., 2016 SCC OnLine Del 5458, Jasmeen Kaur v. Union of India and Ors., 2018 SCC OnLine Del 9778:and Nishant v. Union of India and Ors, 2022 SCC OnLine Del 4615:
5. Learned counsel appearing on behalf of respondent No.2 opposed the submissions and he stated that since the petitioner did not upload the valid OBC-NCL certificate on the website within the stipulated time, therefore, his seat was rightly cancelled and he was rightly considered in the subsequent round of seat allocation to be in the general category. He submitted that the seats in the IITs and the NIT plus system (comprising of National Institutes of Tec
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