Gaurav Bhairava vs. National Testing Agency (Nta)

ITEM NO.23 COURT NO.3 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).556/2022

GAURAV BHAIRAVA & ORS. Petitioner(s)

VERSUS

NATIONAL TESTING AGENCY (NTA) & ANR. Respondent(s)

(FOR ADMISSION and I.R. and IA No.101044/2022-STAY APPLICATION and IA No.101045/2022-EXEMPTION FROM FILING AFFIDAVIT)

Date : 29-07-2022 This petition was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE J.B. PARDIWALA

• For Petitioner(s) Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Sumanth Nookala, AOR Mr. G. Anudhra Rao, Adv.
• For Respondent(s) Mr. Rupesh Kumar, AOR Ms. Neelam Sharma, Adv. Ms. Pankhuri Shrivastava, Adv.

UPON hearing the counsel the Court made the following O R D E R

1 The Information Bulletin for the JEE (Mains) 2022 provided that the entrance test would be conducted in two sessions. Paragraph 2.1 indicates that a candidate need not appear in both sessions. However, if a candidate appears in more than one session, then the best of the two scores would be considered for preparation of the merit list/ranking.

2 The petitioners have come forth with the grievance that during the JEE (Mains) in June 2022 several students, including the petitioners, faced a range of technical difficulties, including server issues, 'questions not loading', hidden timers and computer shut downs, as a result of which many students were unable to give

the examination or lost a significant amount of time. The first session of JEE (Mains) was held in June 2022. The second session is presently under way and is being conducted between 25 July 2022 and 30 July 2022.

• 3 The National Testing Agency1 has, in response to the representations which were received by it, decided to hold an additional session for the JEE (Mains) 2022 on Saturday, 30 July 2022 for students whose representations have been verified to be genuine.
• 4 In view of the impending additional session, which is to be conducted tomorrow, and upon hearing Mr Gopal Sankaranarayanan, Senior Counsel appearing on behalf of the petitioner, we have requested Mr Rupesh Kumar, Standing Counsel for NTA to take instructions in these proceedings and assist the Court.
• 5 Mr Rupesh Kumar, on instructions, states that NTA received 515 representations of which upon scrutiny, it was found that about 254 candidates had genuine difficulties and they are being permitted to appear for the additional session, which is being held on 30 July 2022
• 6 In these proceedings under Article 32, there are fifteen petitioners before the Court. Seven out of fifteen petitioners furnished their representations, of whom, three have been permitted to appear for the additional session tomorrow. We direct that NTA shall permit all the fifteen petitioners to appear for the additional session of the JEE (Mains) 2022, which is being conducted on 30 July 2022 and shall issue admission cards for that purpose.
• 7 Mr Rupesh Kumar states that those of the students who have been permitted to appear for the additional session which is being held on 30 July 2022 would have to forgo the results of the first session which was held in June 2022. In other

<span id="page-1-0"></span>1 "NTA"

words, they would be entitled to count the best of the scores from the second session which is being held between 25 July 2022 and 30 July 2022 for the purpose of computing the merit list/ranking.

• 8 The petition is accordingly disposed of.
• 9 Pending application, if any, stands disposed of.

DEPUTY REGISTRAR COURT MASTER

(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)