Vedanshi Pathak v. National Testing Agency & Ors.

1. The present writ petition has been filed by the petitioner seeking directions against the respondents to provide her an opportunity to appear in the Joint Entrance Examination (JEE) Advanced Examination, that was scheduled to be held on 28.08.2022.

2. It is averred in the present petition that the petitioner has been wrongly denied the opportunity to register and appear in the JEE Advanced 2022, mainly because of the fact that there was duplication in the names of the candidates shortlisted by the respondent No. 1.

3. It is the case of the petitioner that she appeared in the JEE mains examination and scored 88.2866394 percentile against the cut of percentile of 88.4121383 to register for JEE Advanced Examination. The petitioner missed the cut off percentile by only 0.126 percentile due to duplicity of Common Rank List (CRL).

4. When the present matter was listed for hearing on 26.08.2022, this Court by its detailed judgment had dismissed the prayer of the petitioner for interim relief, wherein she had prayed for direction to the respondents to allow her to register and appear in the JEE Advanced 2022, which was going to be held on 28.08.2022.

5. Against the aforesaid judgment dated 26.08.2022, the petitioner herein had filed an appeal, being L.P.A. No. 496/2022. The said appeal was dismissed by order dated 27.08.2022 by the Division Bench, wherein the Division Bench also refused to grant any interim relief to the petitioner.

6. In view of the aforesaid, the first two prayers of the petitioner regarding direction to the respondents to revise cut off percentile of JEE (Mains), 2022 to appear in JEE Advanced 2022 by removing duplicate CRL for a single candidate and for allowing the petitioner to register and appear for JEE Advanced 2022, has become infructuous. The said JEE Advanced 2022 Examination has already been conducted and the Academic Session in question for the students who were selected in JEE Advanced 2022, is also over.

7. During the course of arguments, learned counsel for the petitioner pressed the third relief as sought in the present writ petition for direction to respondent No. 1 i.e. the National Testing Agency (NTA) to produce the Complete CRL of all shortlisted candidates along with details of number of duplicate candidates having registered with different application IDs.

8. This Court notes that the Division Bench of this Court, while disposing LPA No. 496/2022 preferred by the petitioner herein, in its order dated 27.08.2022 recognised the fact that the petitioner herein had pointed out an important flaw in the manner in which the list of eligible candidates had been compiled. The Court took note of the fact that names of certain candidates appeared twice in the shortlist as a result of the manner in which those candidates would have filled up their application forms. Thus, the Division Bench had directed that the matter be fully investigated and all measures be taken to ensure that such errors are avoided in future.

9. Pursuant to the aforesaid directions issued by the Division Bench, the respondent No. 1-NTA carried out an extensive exercise at its end and filed a short affidavit dated 08.02.2023 pursuant thereto. The said affidavit dated 08.02.2023, as filed on behalf of NTA reads as follows: “4. That the Petitioner, in the Rejoinder Affidavit, had reiterated the submissions made in the Writ Petition, which had already been duly addressed and replied to vide Affidavits dated 22.08.2022 and 25.08.2022 filed by the NTA. In addition, the Petitioner alleged that NTA had furnished incorrect details and submissions on its Affidavit.

5. That the contents of Para 9 of Affidavit of NTA dated 25.08.2022, whereby, it has been submitted that only 10 candidates were common in both the sessions of JEE (Main) 2022 with different Application Numbers, is the reproduction of the Letter sent by NIC dated 25.08.2022. Therefore, the averments made by the Petitioner in its Rejoinder are misconceived, wrong and denied as the submissions made by NTA were based on information provided by its Technical Partner, a copy of which is already annexed as Annexure R1/2 with Affidavit dated 25.08.2022.

6. In addition, with a view to avoid duplication of applications from same candidate in JEE (Main) 2023, the following Instructions have been issued to the Candidates, vide Public Notice dated 15.12.2022 and Information Bulletin for JEE (Main) 2023 (available at: https://jeemain.nta.nic.in) (a) For Academic Session 2023-24, JEE (Main) 2023 will be conducted in two Sessions i.e. Session I (January 2023) and Session 2 (April 2023). Online Forms for Session 1 (January 2023) had been opened from 15.12.2022 to 12.01.2023. (b) The candidates were informed, through the Public Notice dt 15.12.2022 that, „Only one application is to be submitted by a candidate. In no circumstances, candidates will be allowed to fill more than one Application Form, Strict action will be taken, even at a later stage, against such candidates who have filled more than one Application Form. '

(c) The Information Bulletin further provides,  A candidate can apply for Session 1 and pay the examination fee for Session 1 in the given duration. If a candidate wishes to apply for Session 2 also, he/she has to log in again when the window will be re-opened after the conduct of Session 1 and pay the Examination Fee for Session 2 during that period.  Under no circumstances, candidates will be allowed to fill more than one Application Form. Strict action will be taken, even at a later stage, against such candidates who have filled more than one Application Form.  Candidates are advised to fill only one Application Form and to take utmost care while filling the mobile number and e-mail address. Candidates are also advised to use the mobile number and email address that are accessible to them. Only one mobile number and email address should be used for one Application Form.  It is mandatory to provide the Mobile Number and email of the Parent or Guardian during the submission of the online Application Form of JEE (Main) -2023 as a copy of the Confirmation Page, Final Score Card will also be sent to them. True copy of Public Notice dated 15.12.2022 and relevant part of the Information Bulletin is enclosed herewith as Annexure- R-1/3.

7. Further, an attempt has been made to trace out duplicate/ multiple application(s) from same candidates for JEE (Main) 2023 Session 1 and through the Public Notice dated 23.01.2023, such candidates were informed that their candidature had been kept on hold and their applications were being scrutinized. True copy of Public Notice dated 23.01.2023 is enclosed herewith as Annexure R-1/4.

8. Subsequently, an email communication to all such candidates had been sent on their registered email seeking clarification regarding the apparent duplication. It was also made clear that such candidates will only be allowed to appear if they establish their identity.”

10. Thus, it is submitted on behalf of the respondents that precautionary measures have been undertaken by the respondents for conduct of JEE Mains 2023. Attempt has been made by the respondents to trace out duplicate/ multiple applications from the same candidates for JEE (Mains) 2023 Session I. Through Public Notice dated 23.01.2023, such candidates were informed that their candidature had been kept on hold and their applications were being scrutinized. Clarification had also been sought by the respondent from such candidates regarding apparent duplication of their applications. It was made clear that such candidates would be allowed to appear only if they established their identity.