Navaneeth P. Krishna vs The Union Of India
2021 Latest Caselaw 21833 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA,1943
                    WP(C) NO. 21072 OF 2021


PETITIONER:

         NAVANEETH P. KRISHNA,
         AGED 19 YEARS, S/O.PRASAD C.,
         KRISHNAMANGALAM, PUTHUMALA P.O.,
         PALAMUKKU, EZHAMKULAM, ADOOR - 691 554.

         BY ADVS.
         K.SHAJ
         C.IJLAL
         JOSEPH MARY DAS
         ARUN CHAND
         BHARAT VIJAY P.
         MAJID MUHAMMED K.
         ANANDU R.
         NEERAJA GOWRI A.S
         GAYATHRI SATHYAN


RESPONDENTS:

    1    THE UNION OF INDIA REPRESENTED BY
         SECRETARY (HIGHER EDUCATION),
         MINISTRY OF EDUCATION, SHASTRI BHAWAN,
         DR.RAJENDRA PRASAD ROAD,
         NEW DELHI - 110 001.

    2    THE COUNCIL OF INDIAN INSTITUTES,
         REPRESENTED BY JOINT COUNCIL SECRETARY,
         MINISTRY OF EDUCATION,
         HIGHER EDUCATION DEPARTMENT,
         UNION OF INDIA, SHASTRI BHAWAN,
         DR.RAJENDRA PRASAD ROAD,
         NEW DELHI - 110 001.

    3    JOINT ADMISSION BOARD OF IIT (JAB-2021)
         REPRESENTED BY ITS CHAIRMAN, JEE (ADVANCED),
         2021 OFFICE, IIT, KHARAGPUR,
         WEST BENGAL - 721 302.
 WP(C) No.21072/2021
                            :2 :


     4     JEE (ADVANCED), MADRAS IIT ZONE,
           REPRESENTED BY ITS CHAIRPERSON,
           ENGINEERING UNIT, ADMIN BLOCK,
           3RD FLOOR, INDIAN INSTITUTE OF TECHNOLOGY,
           MADRAS, CHENNAI, TAMIL NADU - 600 036.

     5     THE CHAIRMAN JEE (ADVANCED) 2021,
           IIT HYDERABAD, KANDI, SANGAREDDY - 502 285.

     6     JOINT SEAT ALLOCATION AUTHORITY (JOSAA) 2021
           REPRESENTED BY ITS ORGANIZING CHAIRMAN,
           JEE (ADVANCED) 2021 OFFICE, IIT, KHARAGPUR,
           WEST BENGAL - 721 302.

     7     NATIONAL TESTING AGENCY REPRESENTED BY
           ITS SECRETARY, BLOCK C, IITK OUTREACH
           CENTRE 20 1A/8, SECTOR 62, NOIDA,
           UTTAR PRADESH - 201 309.

     8     THE SREE NARAYANA INSTITUTE OF TECHNOLOGY
           REPRESENTED BY ITS PRINCIPAL,
           THEPPUPARA P.O., ADOOR,
           PATHANAMTHITTA DISTRICT - 691 554.

           BY ADVS.
           R3-R5 N.S.DAYA SINDHU SHREE HARI
           R7 SHRI.NIRMAL S, SC
           SRI.P.VIJAYAKUMAR, ASGI
           SRI.ARJUN MITHRA (APPEARS FOR R3,4 &5)

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 03.11.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 WP(C) No.21072/2021
                                :3 :




                          JUDGMENT

~~~~~~~~~

Dated this the 3rd day of November, 2021

The petitioner, who is an Indian citizen and passed

Class XII examination under CBSE stream in the year 2020

with 90% marks, has approached this Court seeking to direct

respondents 3 to 6 to make arrangements for allowing the

petitioner to appear for JEE (Advanced) 2021 Examination

forthwith. The petitioner has also sought for consequential

and incidental reliefs.

2. The case of the petitioner is that he is a candidate

for the JEE (Advanced) 2021 Examination for being admitted

to any one of the 23 IITs in India. The petitioner states that he

was issued with an admit card for examination at Sree

Narayana Institute of Technology, Adoor. On the date of

examination, the petitioner found that no arrangements were

made by respondents 3 to 6 in the said Institution for WP(C) No.21072/2021

conducting the examination. According to the petitioner, due

to the failure of respondents 3 to 6, he could not participate in

the JEE (Advanced) 2021 Examination. In the circumstances,

the petitioner seeks for a direction to respondents 3 to 6 to

conduct an examination for him forthwith, setting apart a seat

in one of the IITs by reckoning the rank that he may acquire.

The petitioner further seeks for a direction to keep in

abeyance the JEE (Advanced) 2021 Examination rank list till

his results are published.

3. The Central Government Counsel representing

respondents 3 to 5 filed a statement in the writ petition. It has

been stated by respondents 3 to 5 that the petitioner does not

figure in the list of qualified candidates in JEE (Advanced)

2021 Examination conducted by the 7th respondent-National

Testing Agency. The respondents submitted that no admit

card was issued by the respondents to the petitioner and no

admit card could have been issued to the petitioner also due

to his lower ranking. Respondents 3 to 5 categorically stated

that the admit card relied on by the petitioner was not issued WP(C) No.21072/2021

by respondents 3 to 5.

4. The 7th respondent also filed a statement in the writ

petition. The 7th respondent stated that the 7 th respondent

conducts only JEE (Main) Examination and the JEE

(Advanced) Examination is conducted by the 3 rd respondent.

The candidates, who scored above the cut off marks in each

category in JEE (Main) alone can appear for JEE (Advanced)

Examination. The petitioner comes under OBC-NCL category.

The cut off score for JEE (Main) Examination BE/B.Tech for

OBC-NCL candidates is 68.0234447. It is evident from the

score card of the petitioner in JEE (Main) Examination 2021.

Therefore, the petitioner was not eligible to write the JEE

(Advanced) Examination since he did not have minimum cut

off marks.

5. I have heard the learned counsel for the petitioner

and the Central Government Counsel Sri. Arjun Mitra and

Sri.Daya Sindhu Shreehari N.S. representing respondents 1

and 3 to 5 and the learned Standing Counsel appearing for

the 7th respondent Sri. S. Nirmal.

WP(C) No.21072/2021

6. The argument of the petitioner is that he has been

issued Ext.P2 Admit Card in the JEE (Advanced) Examination

2021 which is scheduled to be conducted on 03.10.2021 at

Sree Narayana Institute of Technology, Adoor,

Pathanamthitta. The respondents did not make arrangements

to conduct the examination on that date at the specific venue

due to which the petitioner is losing his chance for admission

under JEE (Advanced) Examination. The specific stand taken

by respondents 3 to 5 is that Ext.P2 Admit Card is not issued

by them. Respondents 3 to 5 pointed out the following facts:-

" (a) The QR Code in the scorecard sent by the petitioner to JEE Chairman (IIT Madras) pertains to roll number KL 1600031, application No.210330016016, BE/B.Tech: NTA Score Physics: 35.8215969, Chemistry: 71.8977197, Mathematics: 21.0251524 and Total: 43.3216295.

(b) The marks indicated by the QR code are different from those indicated on the scorecard sent over email by the petitioner.

(c) The actual score card of the candidate was forwarded to IIT Kharagpur by 7th respondent (NTA) vide email dated 07.10.2021.

(d) The score for Session 3 of JEE (Main) reflected in the QR code matches with that of the final scorecard forwarded by 7th respondent and not the final score reflected in the scorecard sent over email by the petitioner.

WP(C) No.21072/2021

(e) The differences clearly indicate that the candidate had not submitted his correct JEE (Mains) score card to the answering respondent through his email."

According to respondents 3 to 5, the admit card with the same

number has been issued to another candidate whose name is

Ratlavath Ashok which is produced as Annexure-R3(c) by

respondents 3 to 5.

7. The learned counsel for the petitioner would urge

that a fraud has been committed and the mystery behind

Ext.P2 is to be unearthed.

8. Going by the pleadings and arguments, I find that

the petitioner has not been ranked sufficiently high in order to

make him qualified for appearing in the JEE (Advanced)

Examination. As pointed out by the learned Standing Counsel

for the 7th respondent, the cut off score for JEE (Main)

BE/B.Tech for OBC-NCL is 68.0234447. The petitioner has

scored below the cut off marks. Therefore, no amount of

direction in this writ petition is going to help the petitioner to

get admission in IITs. In such circumstances, this Court is not WP(C) No.21072/2021

inclined to grant the prayers of the petitioner.

The writ petition is therefore dismissed. However, it

is made clear that if the petitioner is aggrieved by any action

resulting in issuance/obtainment of Ext.P2, or any other

grievances in this regard, the petitioner will be at liberty to

proceed before appropriate Forum, in accordance with law, if

he is so advised.

Sd/-

N. NAGARESH, JUDGE

aks/05.11.2021 WP(C) No.21072/2021

APPENDIX OF WP(C) 21072/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF EXTRACT OF THE RELEVANT PAGES OF THE INFORMATION BROCHURE 2021 PUBLISHED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF INDIAN INSTITUTES OF TECHNOLOGY JOIN ENTRANCE EXAMINATION (ADVANCED) 2021 ONLINE ADMIT CARD ISSUED TO THE PETITIONER.

Exhibit P3 TRUE COPY OF EMIL DATED 03/10/2021 SENT BY THE PETITIONER TO THE 4TH AND 7TH RESPONDENTS.

Exhibit P4 TRUE COPY OF EMAIL DATED 04/10/2021 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 3 TO 7.

Exhibit P5 THE TRUE COPY OF SCREEN SHOT OF THE MESSAGE OF RECEIPT OF THE OTP BY THE FATHER OF THE PETITIONER IN HIS MOBILE NO.9447401770 Exhibit P6 THE TRUE COPY OF THE EXTRACT OF THE ACCOUNT STATEMENT OF THE PETITIONER'S FATHER PRASAD C. FROM SAVINGS ACCOUNT NO.520101034479471 MAINTAINED WITH THE ADOOR BRANCH OF UNION BANK OF INDIA FROM THE PERIOD FROM 1/4/2021 TO 11/10/021 Exhibit P8 THE TRUE COPY OF SCREEN SHOT OF THE QR CODE SEEN IN EXHIBIT P7 Exhibit P7 THE TRUE COPY OF THE JEE (MAIN) (SECTION 3) 2021 NTA SCORE DOWNLOADED FROM THE JEE MAIN WEB PORTAL PERTAINING TO THE PETITIONER Exhibit P9 THE TRUE COPY OF SCREEN SHOT OF THE QR CODE IN THE SCORE CARD PRODUCED IN EXHIBIT R3(A) Exhibit P10 THE TRUE COPY OF PRINTOUT OF THE ADMIT CARD -PROVISIONAL OF THE PETITIONER DOWNLOADED BY THE PETITIONER FROM THE JEE WEB PORTAL FOR APPEARING FOR JEE (MAIN)-APRIL (SESSION 3), 2021 WP(C) No.21072/2021

Exhibit P11 THE TRUE COPY OF PRINTOUT OF THE ADMIT CARD -PROVISIONAL OF THE PETITIONER DOWNLOADED BY THE PETITIONER FROM THE JEE WEB PORTAL FOR APPEARING FOR JEE (MAIN)- MAY (SESSION 4), 2021

RESPONDENTS' ANNEXURE

Annexure R3(a) A TRUE COPY OF THE PRINT OUT OF THE EMAIL DATED 4.10.2021, ALONG WITH ITS ATTACHMENT Annexure R3(b) TRUE COPY OF THE ACTUAL SCORE CARD OF THE CANDIDATE FORWARDED TO ITT KHARAGPUR BY 7TH RESPONDENT (NTA) VIDE EMAIL DATED 7.10.2021 Annexure R3(c) A TRUE COPY OF THE ONLINE ADMIT CARD BELONGING TO MR. RATHLAVATH ASHOK WITH ROLL NO.6130039 Annexure R3(d) A TRUE COPY OF THE SAMPLE ADMIT CARD ISSUED TO A CANDIDATE WITH ROLL NO.6177012 OF SHRI. BITRAGUNTA VENKATA SREE KOUSIK IN JEE (ADVANCED) 2020 Annexure A7(a) TRUE COPY OF THE PROVISIONAL ADMIT CARD Annexure A7(b) TRUE COPY OF THE SCORE CARD

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