LAWS(BOM)-2022-10-100

SHREYAS SUNIL BABEL Vs. CHAIRMAN

Decided On October 17, 2022
Shreyas Sunil Babel Appellant
V/S
CHAIRMAN Respondents

JUDGEMENT

(1.) The petitioners seek permission to participate in 4th, 5th and 6th rounds of seat allocation for admission to the IIT course in Respondent No.2 Institution in which petitioners had secured admission in Round 1.

(2.) The petitioners herein had appeared for JEE (Main) and JEE (Advanced). The petitioners were allotted provisional admission in Respondent No.2 IIT. Both these petitioners are allotted the seats, however, did not deposit the seat allocation fee. Petitioner Bharat in Writ Petition (L) No. 31857 of 2022 had selected "Float" option and petitioner Shreyas in Writ Petition (L) No. 31858 of 2022 had selected "Slide" option. The petitioners did not pay the seat acceptance fee, as such, now are not considered for subsequent rounds.

(3.) Mr. Paranjape, learned Advocate for petitioners strenuously contends that due to technical glitches the petitioners could not upload the documents and pay the seat acceptance fee in spite of multiple efforts. It was only on account of technical glitch, the seat acceptance fee could not be paid. The petitioners are of young age. Though the petitioners are eligible and entitled to seat in IIT on merits, but due to technical glitch and arbitrary Clause 41 of Business Rules the petitioners are automatically exited from subsequent rounds of seat allocation solely on the ground of non-payment of seat acceptance fee. The opportunity is also not provided to the petitioner to rectify the same. The options "Float" and "Slide" clearly provides that a candidate can choose different seats other than those allotted to him or her in the frst round. It would be too harsh not to allow the petitioners to participate in further rounds only on the ground of non-payment of seat acceptance fee. The petitioners are bright students and desirous of studying in IIT and cleared the JEE examination.