ASHWANI ANAND Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner passed Intermediate 12th Examination held by Central Board of Secondary Education in 2016 with 62% marks. He had appeared for Joint Entrance Examination (Main 2018) held for admission to various IITs/NITs/IIITs.

(2.) He is said to have cleared the examination. It is his grievance that he is not being allowed to participate in the process of counseling for admission on the ground after 2016, 75% marks in 12th/Intermediate Examination has been prescribed as minimum eligibility criteria to appear for JEE (Main).

(3.) Miss Priya Gupta, learned counsel appearing on behalf of the petitioner has submitted that there are three attempts allowed to a candidate to appear in JEE (Main Examination). When the petitioner appeared in 2016, there was no requirement of 75% of marks in 12th Examination for becoming eligible to appear for JEE (Main) Examination. The decision subsequently taken by the respondents in the year 2017 that a candidate must have secured 75% marks in 12th Examination so as to qualify for admission in IITs/NITs/IIITs should have prospective effect only and the same should not be applied to those who were otherwise eligible before coming into force of this change in policy and they had still chance left to appear for admission test.