Thread by @barandbench

Bombay High Court is hearing PIL seeking deferment of IIT JEE Mains exam to April 2023.

#BombayHighCourt #JEEMains2023

Court: Your present contention is that the exam dates ought to be deferred, so you limit your arguments to this.

#BombayHighCourt #JEEMains2023

Court: What was the time given previously?

Advocate for petitioner: Usually they release the notice 3-4 months prior to the exam.
So students get time to prepare.

#BombayHighCourt #JEE2023

Court: What was the usual time period in earlier exams?

Petitioner: For January and April 2020, they declared notice in August 2019.

#BombayHighCourt #JEE2023

Adv for petitioner: But this year, they have declared in December for exams in January. Advanced exams are in June.

#BombayHighCourt #JEEMains2023

Court: So if he performs poorly in January, can he not attempt again in june?

Adv: He can, but then there are limited attempts. Only 4 attempts.

#BombayHighCourt #JEEMains2023

Adv: These are pandemic students.
They are getting accustomed to physical classes. they were under the impression that they need pass marks.
The exams can be postponed to April and next in May.

#BombayHighCourt #JEEMains2023

Court: They have an option to appear in January or June or both. But then the argument will arise that there is no time between two exams. There can always be an argument.

#BombayHighCourt #JEEMains2023

Adv: But then the mains will not clash with boards. They need to prepare for their 12th boards also. If it is kept in April or May it will not disturb anything.

#BombayHighCourt #JEEMains2023

Order: petition prays for two reliefs. One to postpone JEE mains exams to be held in Jan 2023 and to relax 75% marks of 12th exam. Eligibility criteria, petitioner submits that he has received reply of NTA and seeks time to reply and argue.

Order: Eligibility criteria would be relevant while seeking admission to professional course. The present apprehension is that the exams as are scheduled, students will have less time for preparation.

Order: Schedule was declared in December 2022 and hardly 40 days time was accorded.
Petitioner submits that though in April they have another opportunity, still each and every attempt is counted.

Order: As less time is provided for preparation for holding exam in Jan, it would be detrimental for students. Exams of Jan be postponed to April, and that of April be postponed to May, he prays.

Order: ASG said In 2019 and 2020, JEE mains were held in January and April. In the year 2021, because of pandemic, exams were held in February, mArch, April and May. He added that Petitioner does not have locus.

Order: JEE Mains exams are held twice. Even if a student does not fare well in January, he can appear in April for improvement and the better marks he has obtained in either exam is considered.

Order: If he does not appear in Jan, he can appear in April. it is not disputed that schedule of exam of Jan and April is applicable pan India.

Ordrr: Petitioner claims to be social and child rights activist. If any orders are passed today directing postponement of Jan, the same may have cascading effect on future exams also.

Order: The next JEE exam is there in April. Sufficient time is there for students.
If he does not fare well in Jan, he can compete in April.

Order: The extraordinary circumstances do not appear to exist for restraining respondents from holding Jan exam. Lakhs of students must have been preparing for exam.

Order: On the basis of present PIL on behalf of child right activist it would not be appropriate to postpone exam to be held pan India.

Order: As far as eligibility is concerned, counsel has sought time for rejoinder, time granted, and Matter is posted in Feb.

#BombayHighCourt #JEEMains2023

Petitioner: If a student does not perform well in Jan, then he will lose a chance.

Court: Then he can appear in April. Every chance counts. So he can choose not to appear in Jan.

Petitioner: students who have cleared exams in 2021, 2022 and 2023 will be permitted to sit for JEE Mains in 2024.

Court: This exam is to be held in lakhs of centres.
Your PIL may affect 50,000 students, but not affect 5 lakh students.

Court: In educational matter power of judicial review is negligible. There is a judgment in SC, which states that even if a policy is not good, the Court cannot intervene.