[2025:RJ-JP:9537] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14806/2022 Kanishk Tak Son Of Shri Satish Tak, Aged About 19 Years, Resident Of A-23, Malviya Nagar, Jaipur. ----Petitioner Versus 1. The Chairman, Joint Seat Allocation Authority, 2022, Iit Bombay, Iit Area, Powai, Mumbai (Maharashtra) - 400076 2. The Director, Indian Institute Of Technology Bombay, Iit Area, Powai, Mumbai, (Maharashtra) - 400076. 3. The Director, Indian Institute Of Technology Delhi, Iit Campus, Hauz Khas, New Delhi - 110016 ----Respondents For Petitioner(s) : Mr. Shashi Kant Saini For Respondent(s) : Mr. Alam Sahani for Mr. Anand Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 04/03/2025 This writ petition is filed seeking a direction to the respondents to consider petitioner’s candidature for admission in B.Tech (Chemical Engineering) at Indian Institute of Technology, Delhi in accordance with his merit position. Learned counsel for the petitioner submits that being eligible and entitled, he was allotted a seat in the aforesaid stream by the Joint Seat Allocation Authority-2022 in the first round of counselling of JEE Advance but, since, he could not pay the seat acceptance fee in time on account of his illness, the same was cancelled and was not permitted to participate in the further counselling. However, under an interim order of this Court dated [2025:RJ-JP:9537] (2 of 3) [CW-14806/2022] 30.09.2022, he was permitted to participate in the second round of counselling and was re-allotted the seat in the aforesaid stream and at present, he is in the penultimate year of the four years course. He, therefore, prays that the writ petition be allowed and the interim order be made absolute. Per contra, learned counsel for the respondents opposed the prayer. Indisputably, the petitioner, being eligible and entitled, was allotted a seat for admission in B.Tech (Chemical Engineering) at Indian Institute of Technology, Delhi in the first round of counselling of JEE Advance-2022 but, on his failure to pay the seat acceptance fee in time, the same was cancelled and he was declined permission to participate in the further counselling. From the material on record, it is reflected that the petitioner could not pay the seat acceptance fee within prescribed time on account of his illness. This Court has, vide interim order dated 30.09.2022, permitted him to participate in the second round of counselling whereupon, he was re-allotted the seat in the aforesaid stream and at present, he is studying in the third year of four years course. It is not case of the respondents that the petitioner was not eligible/entitled for admission in the aforesaid stream having not secured the merit position but, the denial was on account of non-payment of the seat acceptance fee in time. Without entering deep into the question as to whether the petitioner was justified in not depositing the same in time, in the peculiar facts and circumstances wherein, the petitioner has already completed more than half of the course under an interim order of this Court and depriving him with an opportunity to complete his course, would [2025:RJ-JP:9537] (3 of 3) [CW-14806/2022] not only be a personal loss to the petitioner but, wastage of a seat in the premier institute of technology of the country at Delhi as, no other person can be admitted against the seat occupied by the petitioner since the year 2022. In view of the aforesaid discussion, this Court deems it just and proper to allow this writ petition. Accordingly, this writ petition is allowed. The interim order of this Court dated 30.09.2022 is made absolute. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J DIKSHA /23