Delhi High Court
Sh. Vedant Gupta vs Indian Institute Of Technology ... on 9 July, 2019
$~78
*IN THE HIGH COURT OF DELHI AT NEW DELHI
%
+ W.P.(C) 7282/2019 & CM APPL. 30279-30280/2019
Date of Decision: 09.07.2019
SH. VEDANT GUPTA ..... Petitioner
Through: Mr. KR Chawla, Mr. Ravinder
Agarwal, Advs.
versus
INDIAN INSTITUTE OF TECHNOLOGY AND ANR.
..... Respondents
Through: Mr. Arjun Mitra, Adv. with
Prof. Dass.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT (ORAL)
CM APPL. 30280/2019 (Exemption)
Exemption allowed, subject to just exceptions.
W.P.(C) 7282/2019 & CM APPL. 30279/2019
1. The petitioner vide the present petition seeks directions to
the respondent to allot to the petitioner a seat in IIT as per his
all India rank in JEE (Advanced), 2019 and choices of institutes
and courses exercised by him. It has been submitted on behalf
of the petitioner that the petitioner having appeared in the JEE
(Main), 2019 was also short-listed for the JEE (Advanced),
2019 and that thereafter participated in JEE (Advanced), 2019
vide registration no.R211207604 and that the petitioner
amongst the six zones opted for the IIT, Delhi Zone whereupon
the computer generated acknowledgement was received by the
petitioner on registered email id on 03.05.2019 and that the
result of the JEE (Advanced), 2019, which was conducted on
27.05.2019 was declared on 14.06.2019 and the petitioner was
declared successful and was given an all India rank of 5852 and
that it had been stated in the note appended to the result that the
rank of the petitioner was provisional subject to verification of
documents at the time of counselling.
2. It was submitted on behalf of the petitioner to the effect:
"For seeking admission, please visit the JoSAA site
(https://josaa.nic.in) on June 16, 2019 and join the
counselling process."
3. The petitioner submits that the respondent had issued
Business Rules for Joint Seat Allocation for the academic year
2019-20 and that in terms of the said rules, the candidates were
required to fill in their choices of Academic Programmes in
various institutes and that the respondent activated the link
https://josaa.nic.in/counselling/choice/ candidatehome.aspx on
their website for uploading candidate choice for college and
branch.
4. The petitioner further submits that he submitted his
preferences within the stipulated period of time and as per
notified procedure, the respondent was to conduct a mock seat
allocation and that the said exercise was to be conducted so as
to enable a candidate to exercise his choices and that the result
of the first mock seat allocation was uploaded on the link
https://josaa.nic.in/counselling/choice/ candidatehome.aspx and
that the said link led to a log in page where the candidate was
required to furnish his particulars of the JEE (Main) 2019 and
application number and password and that after log in, a link
was activated giving the result of the mock seat allocation. The
petitioner also placed on record a copy of the screenshot of the
said link annexed as Annexure P-7 to the petition.
5. Inter alia the petitioner submits that the respondent
conducted the second mock seat allocation on 24.06.2019 and
that the result of the same was uploaded in the said link and that
the petitioner was informed that he was likely to get IIT, Delhi
from the Textile Branch on the basis of his all India rank and
the choices opted by him. It was averred in the petition that as
per the prescribed schedule, the result of the seat allocation
round-1 was declared on 27.06.2019 and that the petitioner did
not receive any intimation regarding provisional seat allocation
letter and that the petitioner also checked up the same link on
which the result of the mock seat allocation was uploaded but
did not find his provisional seat allocation letter uploaded which
led the petitioner to believe that he had not been allotted a seat
in round-1 of counselling.
6. Inter alia the petitioner submits that the result of the seat
allocation round-2 was declared on 03.07.2019 and that the
petitioner did not receive any intimation regarding issuance of
the provisional seat allocation letter and that on enquiry from
his colleagues, it was informed that the result of the seat
allocation round-2 had been uploaded by the respondent on a
different link i.e. https://josaa.nic.in/result/root/Resultlogin.aspx
and that the change of the link was never notified to the
candidate and subsequently, the message was flashed to the
effect:
"You are not eligible JoSAA 2019 SEAT
ALLOTMENT in Round No.2, So No seat has been
allotted to you in Round 2."
informing him that he was not eligible and that thereafter
despite correspondence addressed to the petitioner, his
grievances were not redressed.
7. The petitioner submits that despite securing a high all
India rank, he had been illegally denied a seat and that the
respondent was continuing with the subsequent rounds of seat
allocation and that the result of the seat allocation round-3 was
scheduled to be declared on 06.07.2019.
8. In reply to a specific Court query, it has been submitted
by learned counsel for the petitioner that even in the round-3 of
the seat allocation, he has not been allotted any seat.
9. On behalf of the respondent it has been submitted on
instructions from Prof. Dass, Vice-Chairman, JEE (Main) Delhi
who has also submitted the list of the Joint Seat Allocation
Authority, 2019 and the entire log in trail of the petitioner in
relation to the JEE (Main) Application No.190310008617 under
his signatures for the period 03.07.2019 as well as 04.07.2019,
05.07.2019, 07.07.2019, 16.07.2019, 20.06.2019, 23.06.2019,
24.06.2019, 25.06.2019, 26.06.2019, 27.06.2019 and
29.06.2019 which indicates that the petitioner herein has a log
in period having logged in 88 times into the site of the
respondent. The SMS details of the result of the round-1 and of
the result of round-2 of the seat allocation made to the petitioner
have also been placed on record under signatures of the Vice-
chairman of the JEE Office, Delhi. The said details are
categorical and specific as detailed therein to the effect:
SMS Content Remarks SMS Sent Tota
Date l
Can
dida
tes
The result of Round Round 1 Result 2019-07-01 45171
1 is already Announcement: 17:47:00
announced, kindly Sent to only 543
visit the JoSAA allotted
website candidates.
https://josaa.nic.in
for further action, if
already done,
please ignore.
The result of Round Round 1 Result 2019-07-01 215864
1 is already Announcement: 19:14:00
announced, kindly Sent to all 140
visit the JoSAA registered
website candidates..
https://josaa.nic.in
for further action,
if already done,
please ignore.
Dear Candidate, Round 1 Not 2019-07-02 8823
With reference to Reported: Sent 11:41:00
Round 1 seat to not reported 240
allotment from candidates at
JOSAA, today is the that moment of
last day for time.
reporting. Kindly
report at reporting
centre immediately
before 5 pm today
July 02, 2019. If
already reported,
please ignore this
notice.
Dear Candidate, Round 2 Result 2019-07-03 215865
The result of Round Announcement: 17:11:00
2 is announced, Sent to all 340
kindly visit the registered
JoSAA website candidates.
https://josaa.nic.in
for further action, if
already done,
please ignore.
Dear Candidate, Round 2 Result 2019-07-03 45005
The result of Round Announcement: 18:04:00
2 is announced, Sent to only
JoSAA website candidates.
https://josaa.nic.in
for further action,
if already done,
please ignore.
making it apparent that information was sent to the petitioner
herein of the seat allocation in relation to the result of round-1
and he was also informed that the date 07.02.2019 was the last
day for reporting at the centre and the remarks indicated that the
petitioner did not report and that the information on 03.07.2019
also sent to the petitioner vide SMS is to the effect that the
candidate/petitioner had been informed of the result of the
round-2 and had been called upon to visit the website
https://josaa.nic.in for further action and the round 2 result was
also indicated to have sent to all registered candidates.
10. Reliance has been placed on behalf of the petitioner and
on behalf of the respondent by their learned counsel on the
Business Rules for Joint Seat Allocation for the academic
programs offered by the IITs, NITs, IIEST, IIITs and other
GFTIs for the academic year 2019-20 and which are endorsed
by the Joint Implementation Committee, JEE (Advanced) 2019
and approved by the Chairman, Joint Admission Board, JEE
(Advanced) 2019 and also by the Core Committee of the
Central Seat Allocation Board, 2019.
11. A bare perusal of the same brings forth categorically that
vide clause 42 & 45 thereof it has been detailed to the effect:
45. Option to reject (or not accept) the allocated
seat: Candidates who want to reject the allocated
seat can do so as follows:
(i) By NOT remitting the seat acceptance fee (
and hence, not report at the reporting centre)
(ii) If the seat acceptance fee has already been
remitted, by not reporting at the Reporting Centre,
Seat acceptance fee will be refunded to such
candidates.
46. Candidates who reject allocated seat cannot
participate any more in Joint Seat Allocation for
the ensuing academic year 2019-20."
12. It has thus rightly been submitted on behalf of the
respondent to the effect that the option to reject the allocated
seat has been implicitly exercised by the petitioner by not
reporting at the centre in terms of Clause 45 (i) & (ii) and by not
remitting the seat acceptance fee.
13. Clause 46 of the said regulations is to the effect:
"Candidates who reject allocated seat
cannot participate any more in Joint Seat
Allocation for the ensuing academic year 2019-
20."
which makes it apparent that candidates who reject the allocated
seat cannot participate any more in the joint seat allocation for
the academic year 2019-20. Though it is sought to be submitted
on behalf of the petitioner that the petitioner may be permitted
to place on record his affidavit to controvert the said
contention, taking into account the log in details and the details
of the SMS placed on record, there is no ground to accept the
said contention.
14. The petition and the accompanying application are thus
declined.
ANU MALHOTRA, J
JULY 09, 2019
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