"Why Did You Come In The Last Minute?" Supreme Court Dismisses Petition Seeking One Time Relaxation To Appear For IIT-JEE (Advanced) 2022

Before taking up the matter, Justices DY Chandrachud, AS Bopanna and JB Pardiwala asked if the plea was similar to an earlier petition filed in relation to similar issue.

"If we find that it is not different (from other tagged along petitions), then we will dismiss it. Our time also has value!", the Bench stated.

It was the petitioner's case that in the light of COVID-19 induced disruptions and hardships, the joint admission board of the IIT had had announced a one-time special measure relaxation for JEE (Advanced) 2022 for certain categories of candidates. However, he was not granted the said relief.

The petitioner submitted that he had faced exceptional sufferings as he had lost his father to the deadly COVID 19 virus, which substantially eroded his family income to the level of 59,000 per annum, which has not been included by the respondents within the ambit of the aforementioned relaxation. In terms of that modification, candidates who failed to clear JEE (Mains) 2020 and 2021 are allowed to appear in JEE (Advanced) subject to the condition they qualify Mains 2022.

However, the Petitioner failed in JEE (Advanced) 2020 and 2021 (qualified in JEE [Mains] 2020 & 2021) but was not extended the same benefit.

Before noting the submissions, the Bench asked,

"Why did you come in the last minute?..... You knew all along that you had COVID-19."

The Advocate argued that there was discrimination as candidates who appeared for JEE(Advanced) in 2020 and 20021 are not given the benefit of relaxation.

"How can there be discrimination?", he asked.

But the Bench was not keen to interfere in this matter.

"It's a policy question. We are not entertaining. Dismissed."

The Court also dismissed another petition which highlighted the plight of an aspirant who could not attempt 50 questions of the exam owing to technical glitches.

During the hearing, the Bench orally queried,

"You are coming on Friday when the exam is on Sunday. What were you doing between the 5th of August and now?

The Court further observed that it can't entertain petitions merely because an urgency is there.

"You could have filed a writ.. or moved letters patent appeal. That is why we (Supreme Court) are being rendered dysfunctional in this slew of petitions."

The Advocate appearing for the petitioner that he could not attempt 50 questions. At this point, the bench reiterated, "You could have gone to the High Court".

"There are newspaper cuttings, lots of individuals facing technical glitches. Individuals deprived of chance of giving the IIT JEE exam..", she argued, in an attempt to persuade the court.

The Court, not impressed, dismissed the petition while granting liberty to the petitioner to move the High Court.

On a related note, the Supreme Court today refused to entertain pleas seeking directions to the National Testing Agency (NTA) to conduct additional sessions of IIT-JEE Mains Examination 2022 for both the first and the second sessions which were disrupted owing to some technical glitches.

After the Bench expressed disinclination to entertain the matter, the petitioners chose to withdraw the petition.

"Let the exam be held on Sunday. We do not want any more complications."

Case Title:  Nimesh Kumar versus Union of India| WP(c) 687/2022