SAMRIDDHI KHANDELWAL Vs. NATIONAL INSTITUTE OF FASHION TECHNOLOGY

JUDGEMENT

(1.) Ms. Samriddhi Khandelwal, the Petitioner herein, aspiring to gain admission to the bachelor of design course of Resondent - National Institute of Fashion Technology ['NIFT'], appeared as a candidate for the online invigilated / remote proctored NIFT Entrance Exam, 2022 [hereinafter, 'Exam']. This Exam was divided into two parts - a written exam which was held on 6/2/2022 and a Situation Test which was to be held from 2/4/2022 onwards. The written test was further divided into two parts -the Creative Aptitude Test (CAT) for 180 minutes and the General Aptitude Test (GAT) for 120 minutes. The candidate appeared for the online exam on 6/2/2022 from her residence, as per specifications mentioned in the Admit Card, complying with Rules and Regulations for Online Invigilated / Remote Proctored NIFT Entrance Exam for Admissions 2022.

(2.) She was declared as "disqualified" in respect of the CAT exam, in the declaration of result dtd. 9/3/2022. Aggrieved, she has approached this Court seeking following prayers:

(3.) NIFT has filed a counter-affidavit, contesting the petition. It is contended that the Petitioner has been rightly disqualified as she has disclosed the identity of the institute from which she was taking coaching for the exam, as is clearly visible from the PDF answer sheets uploaded by her to the online portal. Therefore, it is a case of her identity being disclosed in the examination, which is in violation of Rule 12 printed on the Admit Card. As a sample, two pages of the PDF answer sheets of the candidate are appended with the counter-affidavit. Mr. Anil Soni, Standing Counsel for NIFT, has strongly objected to the petition, saying that it would set-up a wrong precedent. He has strenuously argued that the Petitioner's intent should not be a factor to persuade the Court and that there are a handful of other candidates who too have been disqualified for similar reasons.