JEE Main 2023: Bombay HC Dismisses PIL Challenging Eligibility Criteria Of Obtaining 75% Marks In Class 12

The Bombay High Court has dismissed the Public Interest litigation seeking relaxation in the eligibility criteria of 75% in Class 12 for admissions in IITs.

“Petitioners cannot claim relaxation in eligibility criteria as a matter of right. Whether relaxation is to be extended or not is in the realm of policy decision of the government.”, Acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne held.

The Court observed that grant of relaxation is a policy decision, the same can be taken by the Government of India in appropriate circumstances and that the court would not be in a position to issue Writ of mandamus directing the government to grant relaxation in the eligibility criteria for admissions.

The eligibility criteria of securing at least 75% marks in class XII examination or be in the top 20 percentile in class XII examination conducted by respective Boards for admissions to NITs, IITs and CFITs was first introduced during the academic year 2017-18. Irrespective of the score of candidate in JEE, they could not be granted admissions to those institutions unless they secured minimum 75% marks for General category and 65% marks for SC/ST category in XII std. examination.

On account of Covid-19 pandemic, the said condition of securing minimum percentage of marks was relaxed for JEEs conducted in the years 2020- 21, 2021-22 and 2022-23.

ASG Anil Singh appeared for Respondent.

The Court noted that the Government of India did not extend the relaxation granted in previous 3 years owing to Covid-19 pandemic for JEE (Mains) 2023.

“We find that the relaxation was granted on account of existence of special circumstances by the Government of India. Petitioner and Intervener do not have any vested right to claim relaxation for the current year’s examination also. Merely because relaxation in criteria of minimum 75% marks (65% marks for SC/ST) in 12th Std. was granted in the previous 3 admission processes, the same would not entitle the students to continue to claim relaxation indefinitely”, the Court held.

Thus the Court dismissed the PIL.

Cause Title- Anubha Srivastava Sahai v. National Testing Agency & Ors.

Click here to read/download Judgment