Calcutta High Court (Appellete Side)
Kanyaka Ghosh vs The Indian Institute Of Engineering ... on 4 September, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 18365 of 2024
Kanyaka Ghosh
versus
The Indian Institute of Engineering Science and
Technology, Shibpur and others
For the petitioner Mr. Sahasrangshu Bhattacharjee
Ms. Sayantanee Bhattacharjee
For the Union of India Mr. Imran Siddiqui
Mr. Anish Kumar Mukherjee
For the respondent Nos.1 - 3 Mr. Subrata Mukhopadhyay
Ms. Basabi Raichoudhury
Mr. Soumen Biswas
Last Heard on 04.09.2024
Judgment on 04.09.2024
JAY SENGUPTA, J:
This is an application directing the respondent authorities
to withdraw a cancellation letter dated 29.06.2024 and to allow
the petitioner admission at the IIEST, Shibpur.
Learned senior counsel appearing on behalf of the
petitioner submits as follows. The petitioner had passed 10 + 2
examination under the ISC Board in the year 2023. She
applied for a seat in the course of B. Arch at the IIEST, Shibpur.
She was issued a letter provisionally allotting a seat in 2023.
However, by a letter dated 29.06.2024 the said seat allotment
was cancelled purportedly on the ground that the candidate did
not satisfy the minimum eligibility criteria for the course. As
per the respondents, the candidate was neither in the top 20
percentile nor was her aggregate above 75%. The usual norm in
such application is that when a particular number of subjects
are to be taken into consideration to assess the percentage of
marks then obtained, the best five subjects of the particular
candidate are taken into account. This is in conformity with the
CBSC Rules. In fact, in the JEE (Main) Information Bulletin for
the year 2017-18 similar provisions were there. Even if one
takes into consideration JEE (Main) 2024 Information Bulletin,
the requirement of the NTA was that the candidate has to get
50% marks in the Higher Secondary Examination. The rule that
refers to a requirement of 75% marks in the aggregate is only in
addition to the above. The Business Rules for the year 2024
was subsequently published, which cannot have any manner of
application here as the publication was done after the
application was made for sitting in the examination.
Incidentally, the said rule requires Physics, Chemistry and
Mathematics should be taken into consideration for the
particular course amongst the five subjects for which the marks
are to be assessed. If the five best subjects for the petitioner are
taken into consideration, the petitioner is getting marks above
75%. Therefore, she is eligible to get a seat for the B. Arch
course at the IIEST, Shibpur.
Learned senior counsel for the respondent Nos.1-3 denies
the allegations made in the writ petition and submits as follows.
Both the Information Bulletin as well as Business Rules are
meant specifically for the JEE (Main) 2024 Examination and
therefore should apply in the present case. Even if one goes by
the Information Bulletin alone, there is a clear stipulation that a
candidate has to get 75% marks in aggregate to have a seat for
the said course. The Information Bulletin additionally states
that five subjects are to be considered out of which Physics,
Chemistry and Mathematics should be included. If these are
included, the petitioner fails to get 75% marks. Even when the
entire aggregate marks is considered as per the Information
Bulletin, she does not get 75% marks. Therefore, she is quite
ineligible for getting a seat for the particular course and the seat
that was provisionally allotted was quite rightly cancelled.
The Union of India is represented.
I have heard the learned Advocates for the parties and
perused the writ petition, the report, the Information Bulletin
and the Business Rules.
It is evident that the petitioner was granted a seat
provisionally. The same was subsequently cancelled as the
petitioner purportedly did not satisfy the criteria for getting a
seat for the said course.
The Information Bulletin clearly sets out the rules. Clause
14.1 of Chapter 14 of the Information Bulletin stipulates that for
getting a seat in the NITs, IIITs and such other CFTIs whose
admissions are based on the JEE (Main) ranks, the candidate
should have secured at least 75% marks in the Class 12
examination or be in the top 20 percentile. There is a chart at
the end of the said Clause which deals with the required criteria
of subjects for qualifying. For B.E./B.Tech, one has to qualify
the examination with Physics and Mathematics as compulsory
subjects along with other subjects. In the said column, there is
no mention of the percentage of marks that is required to be
obtained. In the next category i.e., B. Arch certain subjects are
required for the course. Incidentally, it is also mentioned that
the aggregate marks obtained in those subjects should be 50%.
These charts are clearly meant for setting out the subjects
which should be there in the qualifying examination and do not
deal with the minimum marks that should be obtained in those
subjects. Such issue is dealt with by the first paragraph under
Clause 14.1.
If one goes by the Information Bulletin alone, the petitioner
fails to get a seat for the said course.
Even if one is to take the Business Rules additionally into
consideration, the petitioner would surely fail to secure 75%
marks in the five selected subjects that would have to include
Physics as a subject.
Therefore, the respondent authorities have quite rightly
decided to cancel a seat provisionally allotted the petitioner.
If the rules are flouted to favour a particular candidate,
then the same would cause injustice to the other candidates.
In view of the above discussions, this Court finds no merit
in this application.
Accordingly, the same is dismissed, however, without any
order as to costs.
Urgent photostat certified copy of this order may be
supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J)
3/SG
