A bench of Justices B R Gavai and Augustine George Masih passed the order while hearing the pleas against reducing the number of attempts from three to two. The Supreme Court on Friday allowed petitioners, who dropped out of their courses between November 5 and November 18, 2024, to register for the Joint Entrance Examination JEE-Advanced.
A bench of Justices B R Gavai and Augustine George Masih passed the order while hearing the pleas against bringing down from three to two, the attempts given to JEE-Advanced aspirants.
The apex court observed the joint admission board, which is entrusted to conduct the JEE-Advanced exam, had issued a press release on November 5 last year which said students who appeared for the class 12 examination in academic years 2023, 2024 and 2025 would be eligible to appear for the JEE-Advanced.
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The bench further said another press release came on November 18, 2024 with the restriction applicable only to the two academic years — 2024 and 2025.
If the students, acting on the said representation (of November 5), have dropped from their course with an understanding that they would be entitled to appear for JEE examination, the withdrawal of the promise on November 18, 2024 cannot be permitted to act to their detriment,” the bench held.
Not going into the merits of JAB’s decision, the top court said students who had dropped out between November 5 and November 18, 2024 would be allowed to register for the test.
The top court was hearing two petitions, one of which has been filed by 22 aspirants challenging the reduction in the number of attempts available to aspirants for JEE-Advanced 2025 from three to two.
During the hearing, the counsel appearing for the petitioners said on account of the promise made in the November 5 2024 press release, they dropped out of colleges to pursue the test conducted for admission to the IITs. This is very important because one of the primary considerations in giving three attempts instead of two was to ensure that there was less stress on students, the counsel said.
He said that the immediate withdrawal was absolutely arbitrary as within 13 days, the number of attempts were reduced to two.
The counsel sought to know what would happen to students like the petitioners, who took an irreversible decision of dropping out from their courses.
“What is the date of dropping out of college?” the bench asked the petitioners.
When solicitor general Tushar Mehta said dropping out may not have any relevance, the court asked, “Why? On the basis of promise made by you on November 5, 2024,.dropped out on the assurance given that they will be entitled to participate in the process.”
The bench noted Mehta’s submission that the decision notified in the November 18, 2024 press release was in the larger interest of the students.
“It is submitted due to the enlarged period of consideration, the students would not concentrate on their studies and would only spend their time on preparing for the JEE (Advanced),” the bench said.
The court said it was not considering the wisdom of the JAB in restricting the zone of consideration either for two years or for three years.
Another pleaded through advocate Sanjeet Kumar Trivedi that the plea related to admission process for entry into IITs and a change in “arbitrary manner” eligibility parameters for students had been done.
The JAB, vide its press release dated November 5, 2024, first fixed the permissible number of attempts for JEE-Advanced at three, only to change it abruptly vide another press release dated November 18, 2024, and thereby reducing the number of attempts to two, the plea, filed by an aspirant, said.
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It said the change in eligibility criteria was against the principles of natural justice and added, “The impugned notification is also in violation of principles of legitimate expectation and promissory estoppel.” Seeking setting aside of the November 18, 2024 press release, it said the change disentitled and disqualified many students from taking the JEE-Advanced 2025.
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