Thread by @lawbarandbench

Bombay High Court is hearing plea seeking relaxation of 75% eligibility for the IIT JEE Mains exams.

#BombayHighCourt @DG_NTA #JEEMain2023

Sahai, petitioner in person: Students who will be appearing and droppers in June, there are several students who have qualified JEE Mains and they are eligible for JEE Advanced. This criteria of 75% was not applicable for last 2 years because of COVID.

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Sahai: Same covid affected students who were eligible last year will not be eligible now.
Candidates who have passed exam this year will qualify for next year.

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Court: That criteria was applicable for 17-18 batch, no one raised objection then.
On what ground should they be exempted? The notification came out last year.

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Court: you are saying those who passed out in March, April 21, and 22, for them condition to be relaxed?
How many attempts?

Sahai: A student gets 6 attempts for JEE Mains. 12th gets only one improvement.

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Sahai: They have not declared top 20 percentile since 2019.

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ASG: We are considering the admissions to IIT and NIIT. This is for January 2023 and April 2023 which is JEE mains. What will be held in June 2023 is JEE Advanced.. his admission requires apart from marks in Mains and advanced, it requires 75% marks in 12th boards.

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ASG: This system exists from 2017.
There was a relaxation once in 2021, 2022 and 2023. It was a one time relaxation and temporary in nature. The brochure published every year has this condition.

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ASG: It was just temporary relaxation. It is not that we are implementing or re-implementing. This condition was kept in abeyance, and it has been revived. All students were aware of facts of conditions in brochures.

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ASG: There cannot be a legitimate expectation or hope, you have to have right. Just because there was relaxation once, there cannot be an expectation that it would be happen again.

Court: This brochure is issued under some guidelines or regulation? Tell us at 2.30.

#JEEMains

Hearing resumes.

Adv Rui Rodrigues: Ministry of Education has construed powers, executive powers.

Court: So there is no different regulation?

Rodrigues: No.

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Adv for intervenor informs the Court that the criteria of 75% was absent in the brochure of 2022.

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Court: We understand your predicament that the government should have taken this decision earlier.

Petitioner: It is like we have missed the last bus and there is no bus after that.

Court: You wouldn’t have had to come if you would have been meritorious, on a lighter note!

Court: this is not restricted to one state, this is pan India. This is not just boards for Maharashtra, but to the contry. Consider the ramifications it will have.

Adv for intervenor: Students will be affected…

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Court: Except your intervention, no other students have come forward. There is a PIL. Granting you relaxation today, will affect students who have worked hard and earned marks beyond 75%.

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Order: Reserved for orders tomorrow.

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