1. Writ petition under Article 226 challenging ineligibility to appear in JEE (Advanced) 2026 due to deemed acceptance of a previous counselling seat. (Para 1 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 13 )
Back
Next 
2026 Supreme(Online)(Del) 6598
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jasmeet Singh, J
Shreyansh Jarwal – Appellant
Versus
Joint Seat Allocation Authority Josaa – Respondent
W.P.(C) 5770/2026
Important Points
A candidate may be provisionally permitted to appear for a competitive examination if they have a prima facie case challenging eligibility rules, especially where denial would cause irreparable loss of a limited attempt, provided the final result remains subject to the court's ultimate decision.
Subject
Education - Admission and Eligibility
Act Referred
Headnote
(A) Education Law - Eligibility for Entrance Examination - Interpretation of eligibility criteria regarding previous admission - Where a candidate was allotted a seat via JoSAA but did not undergo physical verification of original documents at the admitting institute, a prima facie case exists to challenge the deemed acceptance of the seat for the purpose of appearing in a subsequent examination attempt. (Para 16)
(B) Interim Relief - Balance of Convenience - Irreparable Loss - Provisionally allowing a candidate to appear in a competitive examination to prevent the petition from becoming infructuous, subject to final adjudication, is permissible when the balance of convenience favors the candidate to avoid loss of a limited academic opportunity. (Para 17)
Issues: Whether the petitioner, by not reporting physically to the allotted institute, falls within the exemptions of the eligibility criteria to appear in JEE Advance 2026.
(B) Interim Relief - Balance of Convenience - Irreparable Loss - Provisionally allowing a candidate to appear in a competitive examination to prevent the petition from becoming infructuous, subject to final adjudication, is permissible when the balance of convenience favors the candidate to avoid loss of a limited academic opportunity. (Para 17)
Issues: Whether the petitioner, by not reporting physically to the allotted institute, falls within the exemptions of the eligibility criteria to appear in JEE Advance 2026.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Tanvi Dubey, Yash Dubey
For the Respondents: Arjun Mitra
For the Appellants/Petitioners: Tanvi Dubey, Yash Dubey
For the Respondents: Arjun Mitra
Table of Contents
2. Respondent contends strict application of criterion A5; petitioner argues he falls within exemptions due to non-completion of physical verification. (Para 3 , 4 , 14 )
3. Petitioner granted provisional permission to appear in JEE (Advanced) 2026; final disposal scheduled later. (Para 19 , 20 , 21 )
4. What constitutes 'did not report' under criterion A5 exemption for JEE Advanced eligibility?
The court held that final confirmation of admission is subject to physical document verification; if not completed, the candidate may fall within the exemption even if online reporting was done. (Para 16 )
5. Does the principle in CBSE v. Sheena Peethambaran bar interim relief in academic eligibility cases?
The court distinguished Sheena Peethambaran, holding that interim relief based on specific facts and not misplaced sympathy is permissible to prevent irreparable harm. (Para 17 , 18 )
6. What is the test for granting interim relief when an examination is a one-time opportunity?
The court held that if the examination cannot be repeated and the candidate would lose all opportunity, and the court can later nullify the result, irreparable loss and balance of convenience favor granting relief. (Para 12 , 17 )
O R D E R
% 28.04.2026
1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-
“a. Issue an appropriate writ, order or direction, in the nature of mandamus, directing the Respondents to declare the Petitioner eligible to appear in JEE (Advanced) 2026; b. Set aside the impugned rules & regulation whereby the Petitioner has been treated as ineligible on account of deemed acceptance of a seat under the counselling process;
c. Direct the Respondents to permit the Petitioner to register, participate and issue admit card in JEE (Advanced) 2026, where the registration process begins from 23.04.2026 till 02.05.2026 and any further counselling process. ...”
2. For the reasons stated in the petition, issue notice.
3. Mr. Mitra, learned counsel accepts notice on behalf of the respondent, seeks and is granted 2 weeks to file a reply.
4. Even though there is no application for interim relief, Ms. Dubey, learned counsel for the petitioner, orally requests for provisional direction in favour of the petitioner for issuance of the Admit Card and to appear in the JEE (Advance) Examination.
5. The brief facts of the case are that the petitioner appeared for JEE (Mains) in 2025 and subsequently became eligible to appear in JEE (Advance) 2025. Thereafter, the petitioner appeared for JEE (Advance) in May, 2025. In the counselling process conducted by the respondent, the petitioner duly registered on the JoSAA 2025 portal, paid his seat acceptance fee of Rs. 15,000/- and completed document verification.
6. During the counselling rounds the petitioner exercised the float option and was first allotted seat at IIT(ISM), Dhanbad. After several rounds of counselling process, in the fifth round, the petitioner was provided with an option of freeze or withdraw. The petitioner in good faith did not exercise the withdrawal option and waited for more desirable option. Subsequently, in the sixth round of counselling the petitioner was allotted a seat at IIT Guwahati in Engineering Physics and no option of freeze or withdraw was provided. The seat was automatically deemed accepted.
7. On 27.06.2025, the petitioner wrote an e-mail to IIT Guwahati seeking clarification regarding the internal branch changing process from Engineering Physics to Electronics and Communication Engineering (ECE). The email of 27.06.2025 was not responded to.
8. On 16.07.2025, the petitioner’s seat at IIT Guwahati in Engineering Physics branch was locked. Immediately, the petitioner vide email dated 19.07.2026 addressed to IIT Guwahati, communicated his decision of not joining the Engineering Physics course at the said institute.
9. The petitioner wrote an email dated 12.10.2025 to JoSAA and IIT Kanpur (organizing institute of JEE Advance 2025) seeking clarification on his eligibility in JEE 2026. Subsequently, since the organizing institute for JEE Advance 2026 is IIT Roorkee, the petitioner has been writing to the said institute seeking to appear for JEE Advance 2026.
10. IIT Roorkee vide email dated 21.03.2026 informed to the petitioner that the criterion A5 strictly applies to the case of the petitioner and hence, the petitioner is not eligible to appear for JEE Advance 2026. The criterion A5 as mentioned in the JEE Advanced 2026 – Information Brochure which reads as under:-
“
(A) Eligibility Criteria for Indian Nationals and OCI/PIO (I)
...
Criterion A5 – Earlier admission at IITs
A candidate should NOT have been admitted to an IIT under any academic program that is listed in JoSAA Business Rules of 2025, irrespective of whether or not the candidate continued in the program OR accepted an IIT seat by reporting “online” / at a “reporting centre” in the past. Candidates whose admission to IITs was cancelled (for whatever reason) after joining any IIT are also NOT eligible to appear for JEE (Advanced) 2026.
Candidates who have been admitted to a preparatory course in any of the IITs for the first time in 2025 can appear in JEE (Advanced) 2026.
The c
