K.KIRRRTI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are students of Second Year Intermediate studying in different institutions, in Hyderabad. They intend to seek admission in the Indian Institutes of Technology (IIT), by taking part in the admission process. Conducting of entrance examination and selection of the candidates for admission into IITs, was entrusted by the Union of India, the 1st respondent herein, to the Central Board of Secondary Education, New Delhi, the 2nd respondent herein. The 2nd respondent issued a press note, dated 07.09.2012, furnishing the details of the Joint Entrance Examination that may be conducted in the forthcoming academic year. Substantial changes were introduced over the system, which was in vogue till the present academic year. According to the extant system, the candidates used to be selected on the basis of the rank that has been awarded in the entrance examination, subject, however, to the condition that they must obtain minimum of 60% marks in the qualifying examination. This is now replaced by what is known as 'Percentile System'. Whatever be the rank which a candidate may obtain in the entrance examination, he would be considered for admission, if only he figures within the top 20 percentile of the successful candidates in the respective qualifying examination. The petitioners complain that this would result in a situation where a candidate, hailing from a particular State with a low non-meritorious rank would be able to get admission in the Engineering Course in IIT, whereas another from a different State, with a very superior rank would not stand a chance. It is also their case that the same pattern of selection and admission, that existed when they joined the first year of intermediate course, must be available to them, when they take the entrance examination, in the next academic year.

(2.) ON behalf of respondents, a detailed counter-affidavit is filed. The reasons that warranted the introduction of changes are mentioned, in detail. He submits that their attempt is to discourage the practice known as "Cracking Admission Tests", which is the result of indoctrination through unscientific coaching. He states that extensive study undertaken by them revealed that under the existing system, candidates from certain states were stealing march over those, from the other states, since the selection was on the basis of the performance in the entrance examination. According to them, the proposed system does not result in any discrimination, nor does it violate any provision of law. It is also stated that the system would ensure equitable and proportionate distribution of seats.

(3.) THE system, which is now on the anvil, comprises of several stages. First, a Joint Entrance Examination (JEE) (Mains), in which every candidate had appeared in the qualifying examination is entitled to take part is conducted. Thereafter, JEE (Advanced) examination is conducted in which the top 1,50,000 candidates, who qualified in JEE (Mains), are permitted to take part. All the participants in the JEE (Advanced) are assigned ranks. The next stage is of ascertaining the top 20 percentile of the successful candidates in the respective qualifying board examinations. For instance, in the next academic year, let it be assumed that 2,40,000 candidates would pass second year intermediate examination in the state of Andhra Pradesh. 20% of the total number of successful candidates would be 48,000. This is known as 20 percentile. Even if a candidate who studied intermediate examination has secured most meritorious rank in the JEE (Advanced) test, he would not be selected, for admission, unless he figures within 20 percentile i.e. 48,000. The petitioners submit that this process would result in discrimination. This Court is not at all inclined to agree with such contention.