IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.27049/2019 (EDN – RES) BETWEEN :
MAST. ARNAV SINGH AGED 17 YEARS REP BY HIS NATURAL GUARDIAN FATHER Mr. S.K.SINGH R/O A-704, NAGARJUNA IVORY HEIGHT B.NARAYANAURA, DOORVANI NAGAR BANGALORE-560016 ...PETITIONER (BY SRI V.S.BIJU, ADV.) AND :
1 . ORGANIZING CHAIRMAN, JEE (ADVANCED) – 2019 INDIAN INSTITUTE OF TECHNOLOGY ROORKEE, UTTARAKHAND-247 667 2 . CHAIRMAN, JOINT ALLOCATON BOARD (JAB)-2019 & CO-CHAIRMAN JOINT SEAT ALLOCATION AUTHORITY (JOSAA) ROORKEE, UTTARAKHAND-247 667 3 . CO-CHAIRMAN, JOSSA-2019 CHAIR PERSON, CENTRAL SEAT ALLOCATON BOARD (CSAB)-2019 DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, TIRUCHIRAPLLI TAMIL NADU-620015 (AS THE ORGANIZING INSTITUTE FOR CSAB-2019) 4 . CHAIRMAN JEE (ADVANCED) 2019 IIT BOMBAY,POWAI-400076 5 . UNION OF INDIA THROUGH SECRETARY MINISTRY OF HUMAN RESOURCES DEVELOPMENT (DEPARTMENT OF HIGHER EDUCATION) 127-C, SHASTRI BHAWAN NEW DELHI-110001 …RESPONDENTS (BY Ms.SANJANA RAO, ADV. FOR CREST LAW PARTNERS, ADVS. FOR R-1 & R-2;
SMT.M.C.NAGASHREE, ADV. FOR R-5; R-3 & R-4 ARE SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION TO THE R-1 TO DECLARE THAT THE ACTION OF REVISING THE ANSWER KEYS IS WRONG AND ARBITRARY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the parties.
2. The petitioner has challenged the action of the respondent No.1 in declaring the revised answer keys to the questions of the JEE (Advanced) 2019 conducted by the Indian Institute of Technology (IIT), Roorkee, during May 2019.
3. The petitioner is claiming to be a student who has passed his 12th Standard Board Examinations during academic year 2018-19. The petitioner being eligible to the JEE(Advanced) examination organized by the IIT, has attempted the JEE Mains and became eligible for attempting JEE (Advanced) examinations for getting the admission to various IITs in India. It is contended that the answer keys released by the respondent at the first instance having matched with the answers of the petitioner, no rebuttal feed back was submitted. Subsequently, the answer keys of certain questions were modified and were released on 14.6.2019 and the rank list was also declared.
4. It is the grievance of the petitioner that the dispute raised by him in terms of Clause-20 of the JEE (Advanced) 2019 Information Brochure before the Organizing Chairman, JEE (Advanced) 2019 for clarification has remained unconsidered. Hence, this writ petition.
5. Learned counsel Sri.V.S.Biju appearing for the petitioner would submit that no opportunity was provided to the petitioner to rebut the second answer keys released on 14.6.2019. First answer keys released on 4.6.2019 was not rebutted by the petitioner being in consistent with his answers. The release of the second answer keys on 14.6.2019 has resulted in the revision of marks which necessarily calls for providing an opportunity to rebut the same. Hence, seeks for a direction to the respondent No.1 to consider the grievance made in terms of Annexure-H.
6. Learned counsel Ms.Sanjana Rao for the respondent Nos.1 and 2 would submit that revisiting of the results announced by the IIT would adversely affect 1.5 lakh students across the Country who are pursuing their courses. Answer keys released on 14.6.2019 is based on the expert’s decision of seven IITs. As such, there is no need for the objections to be considered by an independent expert body or to provide an opportunity to rebut/feed back the said answer keys by the students.
Moreover, the scope of judicial review of the courts inasmuch as the decision of experts relating to the answer keys is limited and ordinarily the courts should refrain from interfering with the decision of the experts in releasing the key answers.
7. I have carefully considered the rival submissions of the learned counsel for the parties and perused the material on record.
8. There is no cavil on the legal proposition that it is not for the courts to tinker with the rules and regulations drawn up by the experts and the interference or the judicial review of the courts with the answer keys released on the basis of the experts opinion is limited. But the question herein is relating to the grievance of the petitioning student not being addressed in terms of the JEE (advanced) 2019 information Brochure. It is obligatory on the part of the respondent No.1 to redress the grievance of the petitioner in terms of the information Brochure. Hence, this Court deems it appropriate to direct the respondent No.1 to consider the grievance raised by the petitioner and address the same in accordance with law in an expedite manner, in any event, not later than two weeks from the date of receipt of the certified copy of the order.
Writ petition stands disposed of accordingly.
Sd/- JUDGE Dvr: