Andhra Pradesh High Court - Amravati
Vagu Surya Narayana vs Union Of India, on 19 December, 2019
Author: M.Ganga Rao
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M.GANGA RAO
Writ Petition No. 6844 of 2019
ORDER:
The petitioner filed this writ petition challenging the action of the 4th respondent in not including the Economically Weaker Sections (EWS) quota as envisaged by The Constitution (103rd Amendment) Act, 2019, dated 12.01.2019 and the Circular issued by the Ministry of Social Justice and Empowerment vide F.No.20013/01/2018-BC-II dated 17.01.2019 in the application for the JEE (Mains) which was invited between 08.02.2019 and 07.03.2019.
2. The case of the petitioner is that his daughter has appeared for the Joint Entrance Exam (Mains) January and April, 2019 conducted by the 4th respondent vide Application No.190310354946, having attained 94.491 percentile with respect to the JEE (Mains) January, 2019 and 85.281 percentile with respect to the JEE (Mains) April, 2019 and the best of two scores will be considered for the allotment of ranks and seat. The 4th respondent is the authority to conduct and organize the Joint Entrance Exam (JEE). The 4th respondent called for applications for appearing in the examinations to be held in the month of September, 2018 and on 08.02.2019. The last date for filing second application is 07.03.2019. Accordingly, his daughter has made application for both the examinations and the application was 2 successfully uploaded in both the occasions. However, the 4th respondent did not provide for the EWS quota under the head of reservations in the applications. The petitioner's family income is less than Rs.5 lakhs per annum. The petitioner and his daughter are under the impression that her case will be considered under the EWS category as it is mandatory to provide EWS reservations from the academic year 2019-2020 as per the circular instructions dated 17.01.2019. The petitioner's grievance is that in spite of the said circular, her daughter has not given any intimation to apply for the EWS category though she has given her personal details in the application including mobile number, residential address, e-mail address and consequently her daughter was unable to apply under the EWS category and thereby deprived of the constitutional reservation guaranteed to her, which is illegal and arbitrary.
3. The 4th respondent filed counter stating that on 15.02.2019 a copy of the Letter No.35-2/2019-T.S-1 dated 01.02.2019 of MHRD, addressed to the Director General, NTA, along with a copy of its Office Memorandum No. 12-4/2019 U1 dated 17.01.2019 regarding reservation for EWS for admission in Central Educational Institutions, was received at NTA through e-mail. In pursuance of the same, a public notice was published on the JEE (Main) portal on 02.03.2019 and the candidates were informed to mention EWS category in the online application form available in the 3 said portal during 11th to 15th March, 2019. The said public notice was also published widely in leading newspapers (English/Hindi/regional languages) on 11.03.2019 throughout the country for information of the concerned candidates and general public, in response to which 37,395 candidates changed their category to EWS during this period for JEE (Main)-2019. Further, based on several representations, the online application window on JEE (Main) examination portal was again opened to enable the candidates of JEE (Main)-2019 to change their category status as last opportunity. A public notice to this effect dated 15.04.2019 was issued on the JEE (Main) website for information of all the concerned during the period from 15.04.2019 to 17.04.2019. In response, 7217 candidates changed their category to EWS during this period for JEE (Main)-2019. It is not possible to inform to each and every candidate individually through e-mail or SMS on the occasion of every announcement. However, the candidates were well informed through Information Bulletin JEE (Main) January 2019 that "Candidates are advised to keep visiting the NTA's website regularly for latest updates and to check their e-mails", but the petitioner failed to do so. In spite of adequate information and opportunity given by the National Testing Agency (NTA) to the concerned candidates including the petitioner through the public notices published in the JEE (Main) examination portal as well as in the leading 4 newspapers to mention their EWS category status in their respective online application form. The petitioner has not been vigilant enough as a candidate to keep in touch with the latest information updated in the said website. Hence, all the averments of the petitioner are false and incorrect.
4. Sri Karumanchi Indraneel Babu, learned counsel appearing for the petitioner, while reiterating the averments made in the affidavit, would contend that the petitioner's daughter is a brilliant student. She secured 94.491 percentile with respect to the JEE (Mains) January 2019 and have attained 85.281 percentile with respect to the JEE (Mains) April 2019 and the best of two scores will be taken into consideration for the allotment of the ranks and the seat. The family income of the petitioner is Rs.5 lakhs per annum and comes within the General-EWS category, and therefore, the 4th respondent ought to have indicated in the application portal about the provision of General-EWS category reservation in view of The Constitution (103rd Amendment) Act, 2019 and the Circular instructions issued by the Ministry of Social Justice and Empowerment vide F.No.20013/01/2018-BC-II dated 17.01.2019. The 4th respondent ought to have informed about the provision of General-EWS category reservations to the candidates who fall under that category as the applications of the candidates are having mobile numbers and e-mail addresses. Due to lackadaisical attitude of the 4th respondent, the petitioner's 5 daughter could not able to mention in the online application about her eligibility to consider her candidature under the General-EWS category for admission. The petitioner has not aware of the public notices published in the JEE (Main) examination portal for change of category. The petitioner's daughter being a bright student belonging to the General- EWS category deprived of her admission illegally. Therefore, prayed to consider her case by giving rank under EWS category.
5. Sri B.Krishna Mohan, learned Assistant Solicitor General of India appearing for the respondents, would contend that immediately after receipt of the letter dated 01.02.2019 from MHRD regarding provision of General-EWS reservation for admission in Central Educational Institutions, a public notice was published on the JEE (Main) portal on 02.03.2019 and the concerned candidates were informed to mention the EWS category in the online application form available in the said portal during 11-15th March, 2019, it was also published widely in all leading newspapers (English/ Hindi/regional languages) on 11.03.2019 throughout the country. In response to the same, 37,395 candidates were changed their category to EWS during that period. Further, on representations, the online application window on JEE (Main) examination portal was again opened to enable the candidates of JEE (Main) 2019 to change their category status as last opportunity from 15.04.2019 to 17.04.2019 6 and in response to the same, 7217 candidates changed their category to EWS during that period. In spite of the same, the petitioner and his daughter have not been vigilant enough to exercise the option to mention General-EWS category. Hence, the respondents could not be attributed to any mala fides on not giving information individually to the candidates in spite of having mobile phones and e-mail addresses. As mentioned in the Information Bulletin of JEE (Main) April-2019, the results had to be declared by 30th April, 2019. Therefore, the data of the candidates had to be freezed in the last week of April, 2019 for preparation of the result (category-wise). The NTA score of the candidates who appeared in both the attempts, their best of the two NTA scores have already been published to the candidates through JEE (Main) portal and the same have been handed over to the Joint Seat Allocation Authority (JOSAA) and Central Seat Allocation Board (CSAB) for admission to undergraduate Engineering courses at various institutions for the Session 2019-2020. Any change in the category of any candidate (including the petitioner) for JEE (Main) 2019 at this stage would undo the NTA score/ranking, which have already been circulated to all concerned and the same is in public domain, affecting the larger public interest involving the career of lakhs of students, and seeks to dismiss the writ petition as devoid of merits.
6. In the facts and circumstances of the case and considering the submissions of both the learned counsel and 7 on perusal of the record, this Court came to the conclusion that the petitioner and his daughter in spite of public notice published on 02.03.2019 in the JEE (Main) portal giving an opportunity to the petitioner's daughter and other concerned candidates to mention EWS category in the online application form available in the said portal during 11-15th March, 2019 and the same was also widely published in the leading newspapers (English/Hindu/regional languages) on 11.03.2019 and in response, 37,395 candidates changed their category to EWS during that period. The respondents also based on the representations, online application window on JEE (Main) examination portal was again opened to enable the candidates of JEE (Main) 2019 to change their category status as last opportunity and a public notice to that effect was given on 15.04.2019 on the JEE (Main) website for information of all the candidates concerned during the period from 15.04.2019 to 17.04.2019, in response to which 7,217 candidates changed their category to EWS during that period.
7. The contention of the petitioner that the 4th respondent is under obligation to inform the implementation of General- EWS category as per the Constitutional amendment and circular instructions to the petitioner's daughter through mobile phone and e-mail address, could not merit consideration in view of the submission made by the Additional Solicitor General that the results had to be declared by 30th April 2019. The best of the two NTA scores 8 (total) have already been published to the candidates through the JEE (Main) portal and the same have been handed over to the Joint Seat Allocation Authority (JOSAA) and Central Seat Allocation Board (CSAB) for admission to undergraduate Engineering courses at various institutions for the Academic year 2019-2020 and any change in the category of any candidate (including the petitioner) for JEE (Main) 2019 at this stage would undo the NTA score/ranking, which have already been circulated to all the concerned and the same is in public domain, and any change will affect the larger public interest involving the career of lakhs of students.
8. In view of the above discussion, the petitioner is not entitled for any relief much less the relief prayed in the writ petition.
9. Accordingly, the Writ Petition is dismissed. No order as to costs.
10. Miscellaneous Petitions, if any, pending in this writ petition shall also stand dismissed.
____________________________ JUSTICE M.GANGA RAO 19-12-2019 anr 9 THE HON'BLE SRI JUSTICE M.GANGA RAO Writ Petition No. 6844 of 2019 19-12-2019 anr