The Bombay High Court in the case Anubha Srivastava Sahai v. National Testing Agency and Ors observed and has adjourned a petition seeking postponement of the JEE Mains 2023 after it noted that the petitioner has failed to file on record the brochure of the exam. The court in the case remarked that, you have not filed the rules that you are challenging? How can you file petition without the rules which you are challenging?…We have to see how it is being unfair. The division bench comprising of Acting Chief Justice SV Gangapurwala and Justice Sandeep V. Marne in the case observed while hearing a public interest litigation filed by activist Anubha Sahai challenging eligibility criteria of minimum 75% marks in the Class XII. The petition filed also seeks deferment of the upcoming JEE Mains examination to April 2023. The court while dictating order stated that the petitioner seeks time for filing the brochure on record. The Next date 10th January The Courtroom Exchange The counsel, Advocate Joseph Thate appearing for the petitioner contended that the JEE Mains exam is clashing with board exams and viva voce of many boards. Adding to it, the counsel stated that they inform 4 months prior to the exam but they have not this time. Further, Thate added that the NTA had not kept the eligibility criteria of 75% marks in 2022 but they have given it this year. He has also told the court that a candidate has total six attempts for JEE Mains considering there are two sessions each year. Thus, each attempt made is important. The counsel, Adv. Rui Rodriguez appearing for NTA clarified that the 75% marks have to be scored in the board exams, not in JEE Mains. Further, it has been clarified by him that the HSC score is considered at the time of the admission. The eligibility criteria stated is not for appearing in the exam. Adding to this, it has been responded by Thate wherin stating that there’s no point of appearing in exam if the candidate does not have the minimum score. However, when it is asked by the bench for the brochure of the exam, Rodriguez informed the bench that the petition is deficient as the brochure has not been filed. It has been stated by the court that the rules which are being challenged should have been filed with the petition itself. Background of the Case: Apart from the aforementioned contentions made, it had been contended in the PIL that many candidates are from the batches that are being assessed on the basis of performance in the previous years as the board exams were cancelled due to COVID pandemic. As per the petition, there being students with less than 75% marks but could perform well in JEE Mains and if fair chance is denied to them, the same will be affecting the future of lakhs of bright students. Further, it has been stated in the plea that many other competitive exams are also schedule in January 2023 and will clash with JEE Mains. Therefore, according to the petition, the NDA SSB interview has been scheduled for 23 to 27 January 2023, and students appearing for JEE Mains may miss out on the same.
