[COVID-19] Delhi High Court dismisses plea seeking re-conduct of JEE (Advance) Examination 2020

The Delhi High Court has dismissed a petition seeking re-conduct of JEE (Advance) examination, 2020 for a candidate who could not sit for the entrance test due to COVID-19. (Anuj Gupta vs UOI).The order was passed by a Single Judge Bench of Justice Jayant Nath. .The Petitioner, an IIT aspirant, had obtained a rank in the top 96,187 general category candidates in the JEE (Mains) Examination, which was held in September 2020. .Consequently, the Petitioner became eligible to sit for the Advance Examination. .However, days before the examination, the Petitioner and his family tested positive for COVID-19 and he was forced to be in home isolation/quarantine. .The Petitioner thus wrote to the Organising Chairman, IIT-Delhi explaining his position and sought accommodation/relaxation for another date for taking this Examination. .The Petitioner also contacted the Examination Centre in Jaipur but was informed that there were no arrangements for COVID-19 patients. .It was Petitioner's concern that since a candidate could appear in the entrance test only twice in two consecutive years, he would now lose a chance of getting admission into prestigious institutions like IITs..The Petitioner further asserted that separate arrangements in the form of isolation centers should have been made for candidates who had tested positive for COVID-19. .Pursuant to the Court's order, the Joint Admission Board held a meeting to consider if another examination/re-examination could be held for aspirants who could not attempt the examination due to their COVID-19 positive status. .As per the Minutes of the meeting, there were numerous hurdles in conducting a re-examination and the same was not feasible. .The Board opined that the principle of merit and fair competition was of foremost importance. It was stated that the examination required preparation of a question paper of a high level. .It was nonetheless agreed that all the candidates who had successfully registered for JEE (Advanced) Examination 2020 but were absent on the day of the examination, could appear in JEE (Advanced) 2021 as a one-time measure. .In view of the Board's stand, the Court refused to interfere in the present matter..Distinguishing the present case from CBSE & Anr vs TK Rangarajan & Ors, the Court said, ."It was at the request of CBSE that the Supreme Court agreed (to conduct a second part of the NEET (UG) 2019 for the COVID affected students)..".[Breaking] NEET aspirants who missed the exam due to COVID-19 restrictions, can take the exam on October 14: Supreme Court.The Court stated that in the present case, the Joint Admission Board comprising 46 eminent professors from different IITs had expressed their disapproval of holding examination/re-examination. .It is settled legal position that normally, it would be wise and safe for the courts to leave the decisions of academic matters to experts who are more familiar with the problems they face than the courts generally.the Court said. .The Court thus opined that there were no cogent reasons to interfere in the decision of the Joint Admission Board. .The petition was accordingly dismissed. .Advocate Abhinav Gupta appeared for the Petitioner. .Advocate Arjun Mitra appeared for the Organising Chairman, JEE (Advance) 2020. Advocates Amit Bansal, Seema Dolo appeared for National Testing Agency..Read the Judgement:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.