'We Can't Let Such A Talented Boy Go Away:' Supreme Court Directs IIT To Admit Dalit Student Who Lost Admission Due To Delay In Paying Fee

The Supreme Court on Monday (September 30) granted relief to a Dalit student who lost his admission to the Indian Institute of Technology(IIT) because he was late in paying the online admission fee of Rs 17,500/- by a few minutes.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra directed that the petitioner should be admitted to the seat at the Electrical Engineering course at IIT Dhanbad which was allotted to him.

The Court stated that a supernumerary post be created for him to accommodate him so that the admission of no other student is disturbed.

The petitioner, the son of a daily wage worker in Uttar Pradesh and hailing from a family which is below the poverty line, collected the amount of Rs 17,500 from the villagers on June 24 by 4.45 PM but could not effect the online payment before the deadline of 5 PM.

"We cannot allow such a young talented boy to go away," CJI DY Chandrachud observed.

The counsel appearing for the IIT Seat Allocation Authority opposed the plea saying that his login details indicated that he was logged in at 3 PM, which meant it was not a last-minute login. Also, the petitioner was informed about the need to make the payment on the date of the mock interview, much prior to the last date, said the counsel for the authority said, adding that he was sent repeated reminders through SMS and WhatsApp.  This submission did not appeal to the bench, which said that the authority should be trying to find relief.

"Why are you opposing so much?You should see if something could be done," Justice Pardiwala told the counsel for the authority.

The counsel for the petitioner submitted that his father was working for a daily wage of Rs 450 and arranging the amount of Rs 17,500 was a big task for them and they crowdfunded the amount from the villagers.

The bench, in its order, observed that there is no conceivable reason why the petitioner would not have paid the amount if he had the wherewithal to pay the amount of Rs.17,500.

"The only thing that stopped him was the inability to pay and as the Supreme Court of India we need to see that," CJI said. CJI also said that the Court has to taken into account his social and economic background.

"We are affirmatively of the view that a talented student like the petitioner should not be left in the lurch. The power of the Court under Article 142 of the Constitution to do complete justice is to address such situations," the Court observed in the order.

The Court recorded that the petitioner would pay the amount of Rs.17,500 in person. The petitioner should be admitted to the same batch in which he would have been admitted and should be given all consequential benefits such as hostel admission, the Court added.

"All the best! Acha kariye!" CJI Chandrachud congratulated the petitioner who was also present in the Court along with his lawyer. His lawyer told the bench that many senior lawyers have offered to sponsor his fees.

The petitioner had cracked the JEE Advanced in his second and last attempt and had also approached the National Commission for Scheduled Castes, Jharkhand Legal Services Authority as well as the Madras High Court before approaching the Supreme Court.

In 2021, a bench led by Justice Chandrachud had allowed a Dalit student to take admission in IIT Bombay despite the delay in paying the online admission fee (Prince Jaibir Singh v. Union of India).

Mr. Amol Chitale, Adv. Mr. Sarthak Sharma, Adv. Mrs. Pragya Baghel, AOR appeared for the petitioner.

 Case Details : ATUL KUMAR Versus THE CHAIRMAN (JOINT SEAT ALLOCATION AUTHORITY) AND ORS| Writ Petition(s)(Civil) No(s).609/2024

Citation : 2024 LiveLaw (SC) 760

Click Here To Read/Download Order