Court No. - 32
Case :- WRIT - C No. - 33015 of 2021 Petitioner :- Bhavna Jayswal Respondent :- Indian Institute Of Technology And 2 Others Counsel for Petitioner :- I.P. Singh Counsel for Respondent :- Rohan Gupta
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. I.P. Singh, learned counsel for the petitioner, Mr. Harshit Gupta, Advocate under the authority of Mr. Rohan Gupta, Advocate who shall file his vakalatnama on behalf of respondent nos. 1 to 3 in the registry.
This writ petition has been filed by the petitioner with a prayer to direct the respondents to provide admission to the petitioner in the academic programme of Chemistry (4 Years Bachelor of Science) at I.I.T. Kanpur as allocated by the respondent no.2 i.e. Joint Seat Allocation Authority through its Orgnization Chairman, JEE (Advance) 2021 I.I.T. Kharagpur (W.B.), (National Testing Agency) and permit her to attend the regular classes.
It is the case of the petitioner that after her being declared successful in JEE (Advance) Examination-2021, in the first round of conselling petitioner was allotted a seat in the college of respondent no.1 i.e. I.I.T., Kanpur by respondent no.2 vide his letter dated 27th October, 2021. In the said letter, the petitioner was required to deposit her fee of Rs. 35,000/- through online. Pursuant to the aforesaid, on 30th October, 2021 the petitioner deposited her fee through online from the bank account of her mother, namely, Manisha Jayswal bearing Account No. 331620379292504 vide reference no. 0151820515 and the same was also deducted from the account of her mother. Since the said amount of fee was deducted, the petitioner was under believe that she has completed the formalities as required in instruction no.3 mentioned in the letter of respondent no.2 dated 27th October, 2021. As per requirement of letter dated 27th October, 2021, the fee was to be deposited by 31st October, 2021. After deposit of the said fee, petitioner locked her seat allotted to her in the college of respondent no.1. Thereafter the petitioner send e-mail to respondent no.1, while intimating that she has deposited the requisite fee in the first round of Joint Seat Allocation Authority (for short "JOSAA") counselling at 02:30 p.m. on 30th October, 2021 but her JOSAA counselling profile shows that the payment step is till incomplete, requested to inform the next step that may be taken to resolve this issue but the said e-mail request of the petitioner was not adhered nor even replied by the respondents. Inspite of best efforts made by the petitioner, when the respondents did not respond to the same, she has approached this Court by means of the present writ petition.
Learned counsel for the respondents submits that now since third round counselling have been done, therefore, it is not proper to direct the respondents to accept the fee of the petitioner and thereafter admit and permit her to attend her classes at this stage.
However, he submits that in case petitioner approaches respondent no.2 for accepting her seat allotment fee, the same shall be considered sympathetically.
Considering the submissions made by the learned counsel for the petitioner and seeing the bright career of the petitioner, it is provided that in case the petitioner makes an application, ventilating all her grievances, qua acceptance of her seat allotment fee, before respondent no.2 within ten days from today, the same shall be considered and decided sympathetically within a week thereafter. In case seat allotment fee of the petitioner is accepted, she shall make an application before respondent no.1 along with receipt of seat allotment fee, for her admission in the academic programme of Chemistry (4 Years Bachelor of Science) at I.I.T. Kanpur. On submission of the said application, respondent no.1 shall consider the same.
This court is expected from the respondents to cooperate with the petitioner as she has not made any fault in depositing her seat allotment fee.
Put up this matter on 17th January, 2021 as fresh.
(Manju Rani Chauhan, J.) Order Date :- 24.12.2021 Sushil/-