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 decision-making process or the decision.

JUDGMENT

Purushaindra Kumar Kaurav, J.

1. The petitioners, vide the instant writ petition are seeking for the issuance of a writ of mandamus to respondent nos.1, 2 and 3 directing them to issue a notice relaxing Criterion 3 and 4 of the Joint Entrance Examination (Advanced) [in short 'JEE (Advanced)'], 2023 Information Brochure to the extent that the candidates who appeared in Class 12th (or equivalent) examination in the year 2021 for the first time are eligible to appear for JEE (Advanced), 2023; provided the candidate should have appeared only once for JEE (Advanced) either in the year 2021 or 2022 or have not at all appeared in any of the papers in both JEE (Advanced) 2021 and JEE (Advanced) 2022. The petitioners also seek for issuance of a writ of mandamus to respondent nos.1, 2 and 3 directing them to relax Clause 26 of the JEE (Advanced), 2023 Information Brochure, which mandates 75% aggregate marks in Class 12th Board examination to get an admission in the Indian Institutes of Technology (in short `IIT').

2. The facts as have been disclosed in the instant writ petition would indicate that in April 2020, the petitioners started their Class 12th Academic Year. During the same time, there was an outbreak of the Covid-19 pandemic and subsequent thereto, lockdowns were imposed throughout the country, which adversely affected the study of the petitioners. In 2021, the petitioners were given the benefit of the schemes/guidelines framed for declaration of result in the said year on the basis of CBSE policy. It is thus stated that in the year 2021, the examinations were not conducted and the results were prepared on the basis of internal assessment.

3. According to the petitioners, they had two opportunities to appear in JEE (Advanced). The first opportunity which they could have availed, was in 2021, the year in which their results of Class 12th examination were declared and the second opportunity, was in the year 2022 i.e. the year succeeding their Class 12th examination. They also state that in the year 2021, barring five, none of the candidates could appear in JEE examination. However, most of the petitioners appeared in JEE examination-2022, and therefore, as of now, the opportunities which were effectively made available to them for clearing JEE examination is only one. The petitioners, therefore, state that respondent no.2-Joint Admission Board (hereinafter referred to as `JAB') took a policy decision allowing, as a one-time measure, relaxation for certain category of students, in effect, ensuring that all Class 12th pass candidates in the respective years, who suffered because of Covid-19 pandemic, be allowed to attempt two effective JEE examinations.

4. Learned counsel appearing on behalf of the petitioners has taken this court through a decision taken with respect to another category of students by respondent no.2, which is published in the form of notice to the candidates in pursuance to a decision taken by respondent no.2- JAB in its meeting held on 14.12.2021. He, therefore, explained that if the decision so taken is carefully perused, the same would indicate that respondent no.2-JAB was intending to extend the benefit to the candidates who suffered because of Covid-19 pandemic. He has categorically stated that in the instant case, barring five candidates, none of the candidates could avail two effective opportunities to clear their JEE examination.

5. Learned counsel appearing on behalf of the petitioners, while taking this court through a decision of the Hon'ble Supreme Court in the case of `Nilesh Jha & Ors vs Union of India & Ors. bearing Writ Petition (Civil) No. 326/2022' has explained that the said decision would not help respondent no.2-JAB. He submits that it has been categorically recorded therein that the candidates who approached the Hon'ble Supreme Court, have already exhausted two chances of their appearance in the JEE examination. Since the case of the petitioners does not fall in the category o