Case Note & Summary
The petitioner, Devendra s/o Nilkanth Deshmukh, a student seeking admission to the first year of Bachelor of Engineering course, filed a writ petition before the Bombay High Court at Aurangabad. He belonged to the OBC category and had scored 146.30 marks in JEE-Main (AIEEE) with an All India rank of 37797. The first round of seat allotment was conducted on 10-7-2013, and the second round list was published on 16-7-2013. The petitioner claimed that when he logged in on that day, no seat was allotted to him. Subsequently, a notice on the website declared a serious merit violation, and a third round was announced, though originally only two rounds were planned. The third round was conducted on 23-7-2013, but the petitioner could not log in. He visited the reporting centre (respondent no.3) on 24-7-2013, where they also could not log in. On 25-7-2013, respondent no.2 informed him that he was selected in the second round but did not report within the prescribed time, making him ineligible for the third round. The petitioner contended that he was not aware of any allotment in the second round and that the technical glitch prevented him from participating. The court, after hearing the parties, observed that the petitioner should not suffer due to a technical glitch and directed the respondents to allow him to participate in the third round of seat allotment. The court also noted that the respondents had not filed any affidavit denying the glitch. The petition was allowed with a direction to consider the petitioner for the third round.
Headnote
A) Admission Law - Seat Allocation - Technical Glitch - The petitioner, an OBC candidate, was not allotted a seat in the second round and could not log in for the third round due to a technical glitch. The court held that the petitioner must be given an opportunity to participate in the third round as the glitch was not his fault. (Paras 1-10) B) Admission Law - Natural Justice - Opportunity of Hearing - The court directed the respondents to allow the petitioner to participate in the third round of seat allotment, emphasizing that the petitioner should not suffer due to a technical error. (Paras 8-10)
Issue of Consideration
Whether the petitioner was denied a seat in the second round of allotment due to a technical glitch and whether he should be permitted to participate in further rounds.
Final Decision
The petition is allowed. The respondents are directed to permit the petitioner to participate in the third round of seat allotment and consider him for admission if eligible.
Law Points
- Seat allocation process
- technical glitch
- opportunity of hearing
- natural justice
- admission rounds
