The judgment emphasized the authority of academic bodies in setting admission criteria and the limited scope of judicial review in such matters, as established in the judgments of the Supreme Court.

JUDGMENT :

1. Heard learned counsel for the petitioners, Shri Rohan Gupta for the respondent-IIT and its Officials, Shri H.N. Pandey, learned counsel for newly impleaded respondent no.6-CBSE, Shri Rajesh Tripathi for respondent nos.1 and 4 and perused the record.

2. After hearing the parties at some length, this Court passed following order on 13.07.2023:-

"1. Heard learned counsel for the petitioner, Sri Rajesh Tripathi, learned counsel for the respondents no.1 and 4, Sri Rohan Gupta, learned counsel for the respondents no.2, 3 and 5 and perused the record.

2. The grievance of the petitioner is that though she appeared in Class XII examination but in one of the subjects she failed and, as per the procedure of the Central Board of Secondary Education, she has been permitted to appear in the compartment examination scheduled to be held on 17.07.2023.

3. The writ petition has been filed with a prayer that the Indian Institute of Technology may be directed to provisionally permit the petitioner to participate in the counselling process.

4. It is not in dispute that the petitioner has qualified JEE (Advance) and initial seat allotment intimation slip has also been issued to the petitioner which has been annexed as Annexure No.S.A.-1 to the supplementary affidavit which shows that the seat has been allotted to the petitioner. The petitioner's counsel submits that requisite fees has also been deposited by the petitioner.

5. Sri Rohan Gupta, learned counsel for the respondents no.2, 3 and 5 has placed before this Court Business Rules for Joint Seat Allocation for the Academic Programs offered and has pressed following clause of the said Rules:-

"The seat allocation process follows a strict timeline. The entire process is on-line and computer operated. No exceptions are possible and therefore, candidates are strongly advised to thoroughly acquaint themselves with these Business Rules, be vigilant, keep their documents handy and make arrangements for making the requisite payments and completing the requisite formalities, well in advance. It will not be possible to entertain requests for extension of time for completing any activity."

6. In so far as other clause is concerned, both the learned counsel have referred to Clause 72 (B) of the Rules, which reads as follows:-

"(B) Due to revision of passing status, if a candidate satisfies the "Performance in Class XII (or equivalent) examination" requirement [Annexure 2(a) for IITs and Annexure 2(b) for NITs/IIEST/Triple-I-Ts/Other-GFTIs] and becomes eligible for admission, then such a candidate has to approach the organizing institute (IIT Guwahati) with the revised passing certificate. The candidate will be considered for seat allocation only in subsequent rounds (if any). The allocated seat (if any) shall be the same as what the candidate would have got on the basis of revised passing status to begin with. To ensure this, a supernumerary seat will be created, if needed."

7. It is therefore contended by Sri Rohan Gupta that as soon as the candidate passes the compartment examination and produces before I.I.T. a revised passing certificate, his candidature for allotment of seat shall be considered and since the petitioner has not yet passed compartment examination which is yet to be held, the petitioner has no case as on today. He, however, fairly states that as soon as the revised passing certificate is produced, the candidature of the petitioner shall be considered in counselling and there is also a provision for creation of supernumerary seat, if needed. However, he submits that under no circumstance the counselling process shall be deferred beyond the time schedule already fixed.

8. According to the learned counsel for the petitioner, counselling process shall end on 26.07.2023.

9. In view of the above facts and circumstances of the case and very strict time schedule, while there is no dispute that the petitioner has already been allowed to appear in the compartment examination to be held on 17.07.2