Non-payment of the seat acceptance fees as required by the JoSAA 2023 Business Rules leads to cancellation of the allocated seat and exclusion from further rounds of seat allocation.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)

1. The petitioner has filed the instant petition seeking directions to the respondent-authorities to forthwith permit the petitioner to participate in the ongoing seat allocation rounds of the Joint Seat Allocation Authority (in short `JoSAA') 2023 on the basis of her ranking in the JEE (Advanced) 2023.

2. The facts of the case would show that the petitioner had appeared in JEE (Advanced) 2023 examination as her last attempt. The petitioner successfully qualified in JEE (Advanced) 2023 examination, held on 21.06.2023 and she secured All India Rank 18833.

3. On 30.06.2023, the petitioner filled up her choices for Architecture Aptitude Test (in short `AAT') qualified programmes in JoSAA 2023 portal. The petitioner was provisionally allotted 4-years B.Sc. course in (Exploration Geophysics) in the Indian Institute of Technology, Kharagpur (in short `IIT Kharagpur'). The said institute was petitioner's choice no.100. The Initial Seat Allotment Intimation Slip dated 30.06.2023 was issued by respondent no.2.

4. It is the case of the petitioner that on account of contradictory instructions, the petitioner did not properly understand as to what steps were required to be taken to opt for another round of counselling and accordingly the petitioner could not deposit the seat acceptance fees, which was a sum of Rs.40,000/- for General category candidates.

5. The petitioner states that on the basis of her merit position she had the possibility of getting a better option and for that reason, she wanted to opt for another round of counselling and, therefore, the seat acceptance fees of Rs.40,000/- was not deposited. The petitioner states that since the reading of the rules nowhere indicate that if the seat acceptance fees is not deposited, the petitioner would be out of the entire counselling process.

6. Learned counsel appearing on behalf of the petitioner has taken this court through various instructions and has indicated that even three SMS which were sent to the petitioner do not suggest that the petitioner would be out of the entire counselling process, on the contrary, it was intimated that the allocated seat would be cancelled. The petitioner did not have any objection with respect to the cancellation of the allocated seat as the petitioner desired for subsequent round of counselling and therefore, the petitioner did not respond.

7. Learned counsel for the petitioner also states that even Rule 56 of the JoSAA 2023 Business Rules is advisory in nature and the same only states that in case of non-deposition of seat acceptance fee the allotted seat would be cancelled. He, however, fairly concedes that there are instructions contrary to the SMS and Rule 56 of the JoSAA 2023 in Rule No. 42 of the JoSAA 2023.

8. Learned counsel for the petitioner has also placed reliance on the decision of the Hon'ble Supreme Court in the case of Prince Jaibir Singh v. Union of India & Ors, SLP(C)No.18995/2021. In addition, he also placed reliance on an interim order passed by the High Court of Rajasthan in W.P.(C)10605/2016.

9. Learned counsel for the petitioner also states that the petitioner sent an e-mail to JoSAA with respect to the consideration for further rounds in the JoSAA counselling. The e-mail sent by the petitioner on her own if carefully perused, the same would indicate that the petitioner did admit that she might have misunderstood the instructions, however, the same should not result in complete deprivation of participation in the counselling and allotment of seat as per her merit.

10. According to petitioner, since the last date for counselling is 26.07.2023 and she is ready to participate in the remaining round of counselling process from the stage where the counselling is going on. Learned counsel for the petitioner submits that since this is the last year to participate in JEE (Advanced) and the petitioner is ready and willing to opt for the seat whichever is offered to her on the ba