Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 24113 (RAJ)

ANGEL SONI D/O CHANDRA PRAKASH SONI v. THE NATIONAL TESTING AGENCY

CW/10331/2025 · 2025-07-14

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:26175] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10331/2025 Angel Soni D/o Chandra Prakash Soni, Aged About 17 Years, R/o 25/26, Kgn Bagh, Niwaru Road, Jhotwara, Jaipur, Through Her Legal Guardian Chandra Prakash Soni (Father) ----Petitioner Versus 1. The National Testing Agency, Through Its Chairperson, First Floor, Nsic-Mdbp Building, Okhla Industrial Estate, New Delhi, Delhi 110020. 2. The Chairman, Central Board Of Secondary Education, CBSE Integrated Office Complex Sector-23, Phase - 1, Dwarka New Delhi - 110077. 3. The Chairman, Joint Seat Allocation Authority, Indian Institute Of Technology Kanpur, G66M-W8P, Kalyanpur, Kanpur, Uttar Pradesh 208016. 4. The Director, Indian Institute Of Technology Kanpur, G66M-W8P, Kalyanpur, Kanpur, Uttar Pradesh 208016. 5. The Director, Indian Institute Of Technology Delhi, Iit Campus, Hauz Khas, New Delhi, Delhi 110016. ----Respondents For Petitioner(s) : Mr. Vigyan Shah with Mr. Akshit Gupta For Respondent(s) : Mr. M.S. Raghav with Mr. Vishwas Saini Mr. Arjun Mitra (through VC) Mr. Devesh Yadav JUSTICE ANOOP KUMAR DHAND Order 14/07/2025 1. The instant writ petition has been preferred with the following prayer: i) the impugned action of the respondents in failing to provide adequate opportunity and sufficient time [2025:RJ-JP:26175] (2 of 5) [CW-10331/2025] to the humble petitioner for submitting her progressive report card to secure his provisional allotment whilst rejecting her admission as being ineligible may kindly be declared illegal and arbitrary; ii) by issuing the writ of mandamus, order or direction in the nature thereof the respondents may be directed a) to accord admission to the petitioner for the course of computer science and engineering (5 years Bachelor and Master of Technology (dual degree) at Respondent IIT, Delhi in pursuance to the selection as per the JEE Mains, Examination; iii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the Petitioners. 2. By way of filing this writ petition, the petitioner is seeking direction against the respondents to provide her adequate opportunity and sufficient time for submitting her progressive report card to secure her provisional allotment for getting admission in IIT, pursuant to the selection, as per JEE Mains Examination. 3. Counsel for the petitioner submits that the petitioner appeared in the Class XII examination conducted by Central Board of Secondary Education (for short ‘CBSE’), wherein, when her result was declared on 13.05.2025, she secured 73.2 marks. Counsel submits that she was not satisfied with her result and applied for revaluation and her marks were increased to 73.8. Counsel submits that the minimum qualifying marks for getting admission in IIT is 75% marks in Class XII. Counsel submits that there is a provision to improve the marks by appearing in supplementary/next examination. Counsel submits that the CBSE has posted the date for conducting examination [2025:RJ-JP:26175] (3 of 5) [CW-10331/2025] of Class XII as 15.07.2025 and the respondents have posted the date for counselling for admission in IIT w.e.f. 16.07.2025 till 21.07.2025. Counsel submits that no breathing time has been granted to the petitioner to get the improved marks by appearing in the subsequent supplementary/next examination. Counsel submits that under these circumstances, appropriate directions be issued to the respondents that admission of the petitioner be not cancelled till she secures her improved marks. 4. Per contra, learned counsel for the respondents opposed the arguments raised by the counsel for the petitioner and submitted that a mechanism has been provided for conducting counselling. Counsel submits that for getting admission in IIT, the minimum required marks are 75% in Physics, Chemistry and Mathematics (for short ‘PCM’) in Class-XII and the petitioner has failed to secure the same in her Class XII examination. Counsel submits that though there is a provision for improving marks by appearing in the subsequent supplementary examination, but the respondents cannot wait for indefinite time. Counsel submits that as per Rule 72 of the Business Rules for Joint Seat Allocation for the Academic Programs offered by the IITs, NITs, IIEst, IIITs and other GFTIs for academic year 2025-26, the marks obtained in revaluation or improved marks are required to be submitted prior to the date of participation in the counselling. Counsel submits that no challege has been led to the Rule 72, hence, under these circumstances, the respondents cannot wait for result of the petitioner, as the entire session will be affected, in case, the direction sought for, is granted in favour of the petitioner. [2025:RJ-JP:26175] (4 of 5) [CW-10331/2025] Counsel submits that under these circumstances, interference of this Court is not warranted and the writ petition is liable to be rejected. 5. In support of their contentions, counsel for the respondents have placed reliance upon the order dated 08.07.2025 passed by the Madhya Pradesh High Court in the case of Alex Rajput throught its Guardian Nagendra Singh Rajpur vs. Union of India and Ors. (Writ Petition No.23205/2025). 6. Heard and considered the submissions made at Bar and perused the material available on the record. 7. This fact is not in dispute that minimum eligibility criteria for getting admission in IIT is to secure 75% marks in PCM in class XII. This fact is also not in dispute that the petitioner has secured 73.8 marks in her Class XII examination. This fact is also not in dispute that the candidates like the petitioner are permitted to improve their marks before the counselling for getting allotment of IIT college. This fact is also not in dispute that CBSE is going to conduct subsequent supplementary examination of Class XII on 15.07.2025. This fact is also not in dispute that the date of counselling for granting admission in IIT is fixed w.e.f. 16.07.2025 to 21.07.2025. 8. As per Rule 72, the revised marks are required to be furnished for seat allocation prior to the date of participation in the counselling. A complete mechanism has been provided for granting admission for the academic session, which cannot be disturbed by this Court, under its inherent jurisdiction contained under Article 226 of the Constitution of India, hence, under [2025:RJ-JP:26175] (5 of 5) [CW-10331/2025] these circumstances, relief sought for, cannot be granted by this Court and the petition is liable to be and is hereby rejected. 9. The stay application and all pending applications, if any, also stands rejected. (ANOOP KUMAR DHAND),J KuD/176