Delhi HC Paves Way For Aspiring Engineer Who Cleared Class XII In 2017 To Take JEE Advanced Exams [Read Judgment]

The Delhi High Court on Monday paved the way for an aspiring engineer desirous of joining one of the prestigious Indian Institutes of Technology (IITs) to appear in JEE (Advanced)- 2019 examination even as he had appeared in Class XII examination in the year 2017 as against the information bulletin released by IIT-Roorkee required a candidate to have appeared in Class XII (or equivalent) examination for the first time in either 2018 or 2019.

Justice C Hari Shankar allowed the candidate to take the exam as he had appeared in the Mathematics paper of his XII Class Examination, for the first time, in 2019.

The court also did not return any opinion on the criterion (criterion 4) of the information bulletin issued by IIT-Roorkee which was entrusted with the responsibility of organising and conducting the JEE (Advanced) Examination for the year 2019.

Criterion 4 stipulates that the candidate ought to have appeared, for the first time, in her, or his, XII Class Examination, in 2018 or 2019 whereas the petitioner had appeared in his Class XII exams in the year 2017.

He had, however, taken the Maths examination for Class XII in the year 2019 to be eligible to appear in JEE(Mains) since he had not studied the subject in Class XII which he had cleared in 2017.

"…the raison d' etre, for the impugned Criterion 4, is the need to ensure that a candidate appears in the JEE (Advanced) Examination only twice, in consecutive years. Ex facie, the intent is laudable. Apparently in order to ensure that the candidates, attempting the JEE (Advanced)-2019 Examination, do not infract this requirement, Criterion 4 stipulates that the candidate ought to have appeared, for the first time, in her, or his, XII Class Examination, in 2018 or 2019. By so stipulating, the said criterion ensures that the candidate has not appeared in the JEE (Advanced) Examination prior to 2018 – as clearing the XII Class Examination is the sine qua non for the candidate to be eligible to appear even in the JEE (Main) Examination – and that, therefore, she/he is attempting the JEE (Advanced) - 2019 Examination, either for the first, or for the second, time in 2019," Justice Shankar observed.

"The petitioner appeared in the Mathematics paper of his XII Class Examination, for the first time, in 2019. It was this paper that rendered him eligible to undertake the JEE. He has undertaken the said examination, for the first time, in 2019 which is, therefore, his very first attempt at the said examination.

"Given the purpose sought to be achieved by incorporating Criterion 4 in Clause 11 of the Information Brochure for the JEE (Advanced) Examination, as explained in the above-extracted passages from the counter- affidavit of Respondent No. 3, the petitioner has to be treated as a candidate who has appeared, for the XII Class Examination for the first time in 2019, as it was the Mathematics paper, which has been attempted by him for the first time in 2019, which rendered him eligible, at all, to appear even in the JEE (Main) Examination," held the bench.

"Keeping in view the guiding philosophy behind Criterion 4, in Clause 11 of the Information Brochure governing the JEE (Advanced) - 2019 Examination, I am, therefore, of the view that, as (i) the petitioner appeared in the Mathematics paper of his XII Class Examination, for the first time, in 2019, (ii) it was the undertaking of the said paper, by the petitioner, which rendered him eligible to appear in the JEE Examination and (iii) the petitioner is attempting the said Examination, for the first time, in 2019, the impugned Criterion 4, in Clause 11 of the Information Brochure, applicable to the JEE (Advanced) - 2019 Examination, would not disentitle the petitioner from attempting the same," the court concluded.

It, however, expressed no opinion on the validity of the impugned criterion.

In the instant case, the petitioner cleared the CBSE's All India Senior School Certificate (AISSC) Examination in 2017 with 91.2%.

He then cleared the All India Medical Entrance Examinations and joined the Maulana Azad Medical College. In May 2018, he withdrew from the college as he realised that his true calling was engineering, and not medicine and set his eyes on IIT.

Since he had cleared Class XII in 2017, he was eligible to appear in the JEE (Main) – 2019 Examination and was only required to have pursued Mathematics as one of the subjects in his Class XII.

In keeping with the eligibility criterion and with the CBSE allowing candidates to take the exam for any additional subject within six years of passing Class XII, the petitioner had applied for and undertook the AISSC examination in Mathematics, as an additional subject, on 18th March 2019. The result of the same is, however, awaited.

He took the JEE Mains and cleared the same with 99 percentile in January 2019 in first attempt.

He moved court when he came across information bulletin issued by IIT Roorkee for JEE Advanced with a criterion that a candidate should have appeared for the Class XII (or equivalent) examination for the first time in either 2018 or 2019.

He had contended that the said clause disentitled him (as a candidate who had appeared in his XII Class examination for the first time in 2017) from undertaking the JEE (Advanced) Examination, though he was eligible to undertake the JEE (Main) Examination, and cleared the same with flying colours. 

Read the Judgment Here