The Delhi HC dismissed the petitioner's writ petition seeking a seat at IIT based on his JEE Advanced rank. The court observed that the petitioner implicitly rejected the allocated seat by not reporting to the center and failing to remit the acceptance fee, thereby losing eligibility for further rounds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Date of Decision: 09.07.2019
SH. VEDANT GUPTA ..... Petitioner Through: Mr. KR Chawla, Mr. Ravinder Agarwal, Advs.
versus
INDIAN INSTITUTE OF TECHNOLOGY AND ANR.
..... Respondents
Through: Mr. Arjun Mitra, Adv. with Prof. Dass.
CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT (ORAL)
CM APPL. 30280/2019 (Exemption)
Exemption allowed, subject to just exceptions.
W.P.(C) 7282/2019 & CM APPL. 30279/2019
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W.P.(C) 7282/2019
2019 and that thereafter participated in JEE (Advanced), 2019 vide registration no.R211207604 and that the petitioner amongst the six zones opted for the IIT, Delhi Zone whereupon the computer generated acknowledgement was received by the petitioner on registered email id on 03.05.2019 and that the result of the JEE (Advanced), 2019, which was conducted on 27.05.2019 was declared on 14.06.2019 and the petitioner was declared successful and was given an all India rank of 5852 and that it had been stated in the note appended to the result that the rank of the petitioner was provisional subject to verification of documents at the time of counselling.
“For seeking admission, please visit the JoSAA site (https://josaa.nic.in) on June 16, 2019 and join the counselling process.”
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W.P.(C) 7282/2019
allocation and that the said exercise was to be conducted so as to enable a candidate to exercise his choices and that the result of the first mock seat allocation was uploaded on the link https://josaa.nic.in/counselling/choice/ candidatehome.aspx and that the said link led to a log in page where the candidate was required to furnish his particulars of the JEE (Main) 2019 and application number and password and that after log in, a link was activated giving the result of the mock seat allocation. The petitioner also placed on record a copy of the screenshot of the said link annexed as Annexure P-7 to the petition.
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petitioner did not receive any intimation regarding issuance of the provisional seat allocation letter and that on enquiry from his colleagues, it was informed that the result of the seat allocation round-2 had been uploaded by the respondent on a different link i.e. https://josaa.nic.in/result/root/Resultlogin.aspx and that the change of the link was never notified to the candidate and subsequently, the message was flashed to the effect:
“You are not eligible JoSAA 2019 SEAT ALLOTMENT in Round No.2, So No seat has been allotted to you in Round 2.”
informing him that he was not eligible and that thereafter despite correspondence addressed to the petitioner, his grievances were not redressed.
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W.P.(C) 7282/2019
relation to the JEE (Main) Application No.190310008617 under his signatures for the period 03.07.2019 as well as 04.07.2019, 05.07.2019, 07.07.2019, 16.07.2019, 20.06.2019, 23.06.2019, 24.06.2019, 25.06.2019, 26.06.2019, 27.06.2019 and 29.06.2019 which indicates that the petitioner herein has a log in period having logged in 88 times into the site of the respondent. The SMS details of the result of the round-1 and of the result of round-2 of the seat allocation made to the petitioner have also been placed on record under signatures of the Vicechairman of the JEE Office, Delhi. The said details are categorical and specific as detailed therein to the effect:
| SMS Content | Remarks | SMS Sent Date |
Tota l Can dida tes |
|---|---|---|---|
| The result of Round | Round 1 Result | 2019-07-01 | 45171 |
| 1 is already announced, kindly |
Announcement: Sent to only |
17:47:00 543 |
|
| visit the JoSAA website https://josaa.nic.in for further action, if already done, please ignore. |
allotted candidates. |
||
| The result of Round | Round 1 Result | 2019-07-01 | 215864 |
| 1 is already announced, kindly |
Announcement: Sent to all |
19:14:00 140 |
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W.P.(C) 7282/2019
| visit the JoSAA website https://josaa.nic.in for further action, if already done, please ignore. |
registered candidates.. |
||
|---|---|---|---|
| Dear Candidate, With reference to |
Round 1 Not Reported: Sent |
2019-07-02 11:41:00 |
8823 |
| Round 1 seat |
to not reported | 240 | |
| allotment from |
candidates at |
||
| JOSAA, today is the | that moment of | ||
| last day for |
time. | ||
| reporting. Kindly |
|||
| report at reporting centre immediately |
|||
| before 5 pm today July 02, 2019. If already reported, |
|||
| please ignore this notice. |
|||
| Dear Candidate, The result of Round |
Round 2 Result Announcement: |
2019-07-03 17:11:00 |
215865 |
| 2 is announced, |
Sent to all |
340 | |
| kindly visit the JoSAA website https://josaa.nic.in for further action, if already done, please ignore. |
registered candidates. |
||
| Dear Candidate, The result of Round 2 is announced, |
Round 2 Result Announcement: Sent to only |
2019-07-03 18:04:00 |
45005 |
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W.P.(C) 7282/2019
| kindly visit the |
allotted | 340 |
|---|---|---|
| JoSAA website |
candidates. | |
| https://josaa.nic.in | ||
| for further action, | ||
| if already done, |
||
| please ignore. |
making it apparent that information was sent to the petitioner herein of the seat allocation in relation to the result of round-1 and he was also informed that the date 07.02.2019 was the last day for reporting at the centre and the remarks indicated that the petitioner did not report and that the information on 03.07.2019 also sent to the petitioner vide SMS is to the effect that the candidate/petitioner had been informed of the result of the round-2 and had been called upon to visit the website https://josaa.nic.in for further action and the round 2 result was also indicated to have sent to all registered candidates.
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(Advanced) 2019 and also by the Core Committee of the Central Seat Allocation Board, 2019.
45. Option to reject (or not accept) the allocated seat: Candidates who want to reject the allocated seat can do so as follows:
(i) By NOT remitting the seat acceptance fee ( and hence, not report at the reporting centre)
(ii) If the seat acceptance fee has already been remitted, by not reporting at the Reporting Centre, Seat acceptance fee will be refunded to such candidates.
46. Candidates who reject allocated seat cannot participate any more in Joint Seat Allocation for the ensuing academic year 2019-20.”
“Candidates who reject allocated seat cannot participate any more in Joint Seat Allocation for the ensuing academic year 201920.”
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which makes it apparent that candidates who reject the allocated seat cannot participate any more in the joint seat allocation for the academic year 2019-20. Though it is sought to be submitted on behalf of the petitioner that the petitioner may be permitted to place on record his affidavit to controvert the said contention, taking into account the log in details and the details of the SMS placed on record, there is no ground to accept the said contention.
ANU MALHOTRA, J JULY 09, 2019 vm
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2 issues framed by the court
Whether a candidate who did not report to the center and fail to remit seat acceptance fee forfeited their right to participate in further allotment rounds.
Whether the petitioner is entitled to a seat in JEE Advanced counselling despite not availing the provisional seat allocation letter.
Vedant Gupta
Indian Institute of Technology
Anu Malhotra
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
