Patna High Court
Muskan vs The Indian Institute Of ... on 9 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.595 of 2022
In
Civil Writ Jurisdiction Case No.21301 of 2021
======================================================
Muskan Daughter of Rajesh Raj, Resident of Rampur Nausahan, Police
Station-Hajipur Nagar, Distirct-Vaishali.
... ... Appellant/s
Versus
1. The Indian Institute of Technology Joint Entrance examination 2021 through
Chairman J.EE (Adv) 2021.
2. The Head of Department IIT, Kharagpur.
3. The Joint seat Allocation Authority, Kharagpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mrigank Mauli, Sr. Advocate
For the IIT : Mr. Y.V. Giri, Sr. Advocate
Mr. Naresh Dikshit, Advocate
Ms. Kalpana, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 09-02-2023
In the instant L.P.A., appellant has assailed the order
of the learned Single Judge dated 23.09.2022 passed in C.W.J.C.
No. 21301 of 2021.
Matter was heard at length on 15.11.2022 and the
following detailed order was passed:-
"Heard learned counsels for the
respective parties.
The appellant has assailed the order
of the learned Single Judge dated 23.09.2022
passed in C.W.J.C. No. 21301 of
2021. The grievance of the appellant Muskan is
that she is eligible candidate for the JEE
Patna High Court L.P.A No.595 of 2022 dt.09-02-2023
(Advance) 2021. The concerned authority has
taken a decision that appellant Muskan is not
eligible and it is a subject matter of litigation
before this Court in C.W.J.C. No. 21301 of 2021
and it was rejected. Hence the present L.P.A.
Criterion for the purpose of JEE (Advance)
2021 is Criterion No. 4 which reads as under:
"Criterion 4 - Appearance in
Class XII (or equivalent) examination: A
candidate should have appeared for the Class
XII (or equivalent) examination for the first
time in either 2020 or 2021 with the subjects
Physics, Chemistry and Mathematics.
Candidates who had appeared in Class XII
(or equivalent) examination, for the first time
in 2019 or earlier, are NOT eligible to appear
in JEE (Advance) 2021.
By appearance in Class XII (or
equivalent) examination, it is meant that the
board concerned declared the result of a
particular candidate for that year irrespective
of whether or not an examination was
conducted. It will be considered as an
appearance even if the result of a particular
candidate got withheld."
Undisputedly, appellant Muskan
passed Class XII in the year 2019 and her result
was announced in the month of
May, 2019. It is also submitted that appellant
has appeared in the year 2020 for Class XII
examination and passed with an
improved result. However, perusal of the
pleadings and writ application, there is no such
pleadings that she had appeared for Class XII
examination for the year 2020 in order to gain
improved result.
Now, question for consideration is
for the purpose of JEE (Advanced) 2021
examination whether the appellant is eligible or
not? One of the criteria is "A candidate should
have appeared for the Class XII (or equivalent)
examination for the first time in either 2020 or
2021 with the subjects Physics, Chemistry and
Mathematics" with a rider that "Candidates
who had appeared in Class XII (or equivalent)
examination for the first time in 2019 or earlier,
Patna High Court L.P.A No.595 of 2022 dt.09-02-2023
are NOT eligible to appear in JEE (Advanced)
2021."
Perusal of the records, it is crystal
clear that the appellant Muskan do not fulfill the
criteria that she is appearing for the first time for
Class XII examination either in the year
2020 or 2021. Assuming that appellant had
appeared in Class XII examination in the year
2020 or 2021 and it is not for the
first time and it would be for the second time for
the reasons that she had passed Class XII
examination in the year 2019. Further it is to be
noted that such of those candidates who have
appeared for Class XII or equivalent
examination for the first time in the year 2019
or earlier are not eligible to appear in JEE
(Advance) 2021. The appellant Muskan had
appeared for the first time in the year 2019,
therefore, she has been made ineligible. In the
absence of challenge to the aforesaid clause we
find prima facie that appellant has not made out
a case so as to interfere with the order of the
learned Single Judge dated 23.09.2022.
At this stage, learned counsel for the
appellant seeks time to address further in the
matter. Re-list this matter on
23.11.2022. It is made clear that no further time
would be granted on that date.
Copy of the L.P.A. shall be made
available to learned counsel for the respondent.
Further, learned counsel for the appellant is
hereby directed to furnish copy of the writ
petition."
Today, Mr. Mrigank Mauli, learned senior counsel
reiterated the argument with reference to guideline/ brochure in
so far as JEE Examination 2021. Today, additional argument is
with reference to Annexure-I to the brochure under the heading
'Improvement of performance'. Even perusal of the Clause
Patna High Court L.P.A No.595 of 2022 dt.09-02-2023
relating to improvement of performance read with the criteria
the appellant's case would not fit into the Clause mentioned
against 'Improvement of Performance'.
In the light of these facts and circumstance,
appellant has not made out a case so as to interfere with the
order of the learned Single Judge dated 23.09.2022 passed in
C.W.J.C. No. 21301 of 2021.
Accordingly, the present L.P.A. stands dismissed.
(P. B. Bajanthri, J)
( Harish Kumar, J)
rakhi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.02.2023.
Transmission Date NA
