KARTIK SAWHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India was filed to direct the respondents (i.e. (i) Union of India, Ministry of Human Resource Development, (ii) JEE (Main) Secretariat, CBSE and (iii) IIT Delhi)

(2.) THE petition was entertained and notice thereof issued and counter affidavit was filed by the respondent no.3 IIT Delhi which was conducting JEE (Advanced) in the year 2013 and by the respondent no.2 CBSE, which conducts JEE (Main), and to which rejoinders were filed by the petitioner. The learned Single Judge before whom the petition was then pending, vide order dated 2nd April, 2013 issued interim directions with respect to the examination then scheduled to be held on 7th April, 2013, (i) of providing scribe/reader/lab assistant from Science stream, who has studied Science upto Class XIth to the petitioner; (ii) of allowing the petitioner to meet and interact with the scribe/reader/lab assistant one hour before the examination, at the Centre of examination; and, (iii) of permitting the respondents to take steps which they may deem necessary to strengthen their invigilation system so that the scribe/reader/lab assistant does not indulge in any malpractices like copying and cheating during the examination.

(3.) IN the light of the said directions having been issued, in the subsequent order dated 17th October, 2014, it was observed that the reliefs which were personal to the petitioner stood satisfied and finding that the remaining reliefs claimed in the writ petition were in the nature of Public Interest Litigation, the petition was ordered to be listed before the appropriate Bench.