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IN THE HIGH COURT OF DELHI
Sanjeev Narula, J.
Monu Khan - Appellant
Versus
Union of India - Respondent
W.P.(C) 12213 of 2022
Decided On : 25-08-2022




Petitioner's right to alter his application category after failing to adhere to established procedures was denied, emphasizing strict adherence to process in examination applications.

Headnote:(A) Constitution of India - Articles 15(6) and 16(6) - Joint Entrance Examination (JEE) - The petitioner, despite scoring above the EWS cut-off, was denied participation in JEE (Advanced) due to an application error claiming he was General instead of EWS - Court found no legal basis for allowing a late category change without prejudice to other candidates - Previous judgement cited was distinguishable on facts. (Paras 8, 10, 16-22)

(B) Legal principles - Applicant must demonstrate bona fides and timely action in requesting changes; a category status cannot be retroactively altered without due process and fairness to all candidates. (Paras 20-21)

Facts of the case:
The petitioner, while applying for JEE (Main), was placed in the General category instead of the EWS category, missing the opportunity to rectify this error during the designated correction window owing to personal circumstances.

Findings of Court:
The petition lacked merit; allowing the change in category would create chaos and negatively affect other candidates.

Issues: The key issue was whether a late request to modify the application based on an alleged mistake could be granted under the circumstances presented.

Ratio Decidendi: The court held that the petitioner had no vested right to change his category and failure to follow the procedure outlined by the NTA barred his request.

Result: Petition dismissed.

Table of Content
1. eligibility criteria for jee based on category. (Para 5 , 6 , 7)
2. arguments for petitioner's inclusion in ews category. (Para 8 , 9)
3. court's considerations and implications of category change. (Para 10 , 11 , 12 , 13 , 14)
4. lack of entitlement for category modification. (Para 15 , 16 , 17)
5. correction policy and responsibilities of candidates. (Para 18 , 19)
6. judgments cited by petitioner are not applicable. (Para 20 , 21 , 22 , 23)
7. final decision to dismiss the petition. (Para 24 , 25)

JUDGMENT

Sanjeev Narula, J. (Oral):

C.M.(APPL)......../2022 (for filing additional documents)

1. A copy of an application for filing additional documents has been handed over across the board.

2. Registry is directed to number the application.

3. Considering the grounds stated therein as well as the documents annexed, the same is allowed. Let the additional documents be taken on record.

4. The application stands disposed of.

W.P.(C) 12213/2022 & C.M. APPL. 36615/2022 (for interim stay)

5. The Petitioner - Monu Khan, an aspirant of B.Tech. course, appeared in the Joint Entrance Examination (Main) 2022 ["JEE (Main)"] under the `General/(UR)' Category. He has not qualified for Joint Entrance Examination (Advanced) 2022 ["JEE (Advanced)"] in the said category, but has scored a percentile which is higher than the cut-off for the General Economically Weaker Section category ["Gen-EWS"]. Now, after declaration of JEE (Main) results, and the announcement of Common Rank List ["CRL"], and just before the conduct of JEE (Advanced) which is scheduled on 28th August 2022, he seeks to be included the list of qualified Gen-EWS candidates appearing for the said exam.

6. The scheme of the JEE examinations, is as follows:

i. A candidate is required to register by filling-up an online application form, through which a "system generated application number" is allocated. Once submitted, there is no provision to rectify the application. For applying as an EWS candidate, an aspirant has to either upload an EWS certificate for the relevant year, or file a self- declaration to that effect.

ii. Candidates are allowed two opportunities to write the JEE (Main), which are described as Session 1 and Session 2. However, it is not mandatory to appear in both the sessions. Scores are obtained on a percentile basis, and are not an aggregate or average of the marks obtained. If a candidate appears in both the sessions, the higher score of the two is considered as final for each subject, the total of which forms the "Total NTA Score" of the candidate.

iii. NTA announces the "All India Rank based on Final NTA Score" which is a rank list, and further declares "Cut-off Total NTA Score based on Paper 1 (B.E./B.Tech.)" for General as well as Reserved categories. These are used by candidates for - (i) seat allocation to many premier engineering colleges such as NITs, NSIT, DTU ["NIT+ institutions"] through a Joint Seat Allocation Authority ["JoSAA"] which considers the All India Rank; and/or (ii) qualifying to write the JEE (Advanced) for attaining admission into IITs through the cut-off NTA Score for the said exam.1

iv. On 7th/8th August, 2022, NTA declared the Cut-off Total NTA Score based on Paper 1 (B.E./B.Tech.). The cut off for the general/unreserved category is 88.4121383 and the cut off for Gen- EWS category is 63.1114141.

7. The case of the Petitioner, in brief, is as follows:

i. Petitioner's mother is a cancer patient and at the time of filling-up the application [on 2nd March 2022] for JEE (Main), she was undergoing chemotherapy treatment. For this reason, Petitioner got his form filled through a friend, who mistakenly mentioned the category as "General" instead of "EWS".

ii. On 6th April 2022, NTA published a notification titled `Correction in particulars of the Online Application Form of Joint Entrance Examination (Main) - 2022 Session 1 - Reg.' which opened a window from 06th to 08th April, 2022 (9 p.m.) to edit or modify particul

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