JEE Advanced 2023: Delhi High Court Dismisses Plea Seeking Relaxation In ‘Two Attempts In Two Consecutive Years’ Criteria

The Delhi High Court on Wednesday dismissed a plea seeking relaxation for the students appearing in JEE Advanced 2023 examination.

Justice Purushaindra Kumar Kaurav rejected the plea moved by 67 students who are Class XII pass-outs of 2021 and could not use appear in the JEE (Advanced) Examination purportedly because of the COVID-19 pandemic.

The plea sought relaxation of the “two attempts in two consecutive years" criteria so that students who could not appear twice or even once in the years 2021 and 2022 be allowed to appear this year as a “special provision.”

The petition also sought relaxation for those candidates who appeared in 12th exam in 2021 for the first time to appear for JEE (Advanced), 2023 examination, provided they should have appeared only once for the exam, either in 2021 or 2022 or have not at all appeared in any paper in both years.

A relaxation was also sought regarding the criteria of 75% aggregate marks in the Class XII Board examination to get admission to IIT.

It was the petitioners’ case that due to the exceptional circumstances created by the COVID-19 pandemic, the relaxation of eligibility criteria through a one time measure in JEE Advanced 2022 for students who passed out class 12th in 2020 was need of the hour.

Dismissing the plea, the court said that it does not find any infirmity or illegality in prescribing the “two attempts in two consecutive years" criteria in the Information Brochure for appearance in JEE (Advanced) 2023.

“The petitioners have not been able to point out any good reason as to why the condition relating to the performance in Class 12th (or equivalent) examination for admission to the IITs needs to be interfered with. If the petitioners are belonging to a batch of students who appeared in 2021 Class 12th examination, there were lakhs of students who might have appeared in the same year. No specific criteria can be evolved for a particular set of students, as any criteria fixed for appearing in the examination will have to be made applicable uniformly,” the court said.

Justice Kaurav added that the eligibility conditions for appearing in JEE (Advanced) are decided after due deliberations which are within the realm of the policy decision being taken by examining body and are uniformly applied to all candidates without exception. 

“Any interference into the aforesaid aspects will have the effect of disturbing academic discipline. The courts are not expected to have expertise to assess the pros and cons of various policy decisions taken by experts. Unless the decision is de hors the fundamental rights or so arbitrary so as to shock the conscience of this court, the same normally does not require any interference,” the court held.

Title: BUDDHABHUSHAN ANAND LONDHE & ORS v. UNION OF INDIA & ORS

Citation: 2023 LiveLaw (Del) 366