ARUN SINGH SHEKHAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for seeking the relief that he may be allowed to extend upon the choices for the courses which he has to opt after declaration of result in the Joint Entrance Examination- 2012 for IIT Colleges. Further, he has prayed that he may be permitted to apply for unexhausted choices. It is pertinent to mention here that at the time of hearing of this writ petition, it was submitted on behalf of the petitioner that he does not want to stick to the course of his choice but he may be given admission in any of the courses which were available in accordance of his merit or which could now be given to him.

(2.) THE petitioner having possessed the requisite qualification of Senior Secondary Examination with 79.08% marks and securing First Division, thought of choosing Bachelor of Engineering in an IIT college as his career. Accordingly, he applied for the Joint Entrance Examination- 2012 which was conducted by respondent No.2. He had filled an application (No. C22106152) on 14.11.2011 for participating in the said examination (Annex.1). The petitioner was registered at No. 2130069. He had then appeared in the Joint Entrance Examination on 8.4.2012, conducted by respondent No.2, Indian Institute of Technology, New Delhi. The result of the said examination was declared on 18.5.2012 wherein the petitioner secured an All India Rank of 1981 (Annex.3).

(3.) ON notices having been issued to the respondents, a counter affidavit came to be filed on behalf of respondent No.2 raising objection with regard to territorial jurisdiction of this Court, in respect of issuance of writ to the respondents. But during the course of arguments, the learned counsel for the respondents has fairly submitted that his emphasis is only on the merits of the case and not to any such objection with regard to jurisdiction. It is deposed by respondent No.2 in the said affidavit that the date of submission of choice online and filling up courses was upto 10.6.2012 and the closing time for master server (Online) was 17.00 PM. The schedule was given in the counseling broacher which was provided to every and each candidate. Further, it is deposed that the petitioner has admitted to log-in on 10.6.2012 at 6.32 PM, i.e., to say much after the closing time which was 5.00 PM. The master server had not permitted anyone, including the petitioner, to make any attempt in the system after the closing time. Therefore, it is said by respondent that the averments made by the petitioner with regard to non -functioning of the master server is not correct. According to the respondents, master computer / server was in operation from 18.5.2012 to 10.6.2012 without any break and it did not suffer from any technical fault. It is said that the petitioner had for the first time logged-in on 20.5.2012 and continued thereafter from time to time. He had saved one choice i.e., D-4109 on 2.6.2012. Subsequently, the petitioner had given 13 choices, in all, on 4.6.2012 by adding his preferences. The log sheet of the master server discloses that after 4.6.2012, the petitioner logged-in on 7.6.2012 and thereafter on 10.6.2012.