Today, the Bombay High Court rejected a plea challenging the eligibility criteria of securing 75% and/or the top 20 percentile in the board exam for appearing in JEE Main exam 2023.
A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne rejected the plea and left the decision within the government as JEE Mains is a pan-India examination.
"We cannot consider at this stage...It is for the government to decide," the Bombay HC said.
Case brief
In the said matter, Public Interest Litigation (PIL) was filed by advocate Anubha Sahai challenging eligibility criteria. In his PIL he mentioned that candidates urged that the eligibility requirements be lowered to 50% and the 20 percentile threshold be removed.
JEE Main paper 1 final result 2023 has already been declared on April 28 and the registrations for JEE Advanced 2023 began on April 30.
During the hearing, claimed that its decision of fixing the 75% cut-off percentage was a conscious and well-considered decision taken with the approval of JEE Apex Board (JAB).
JEE Advanced 2023 brochure released by IIT Guwahati has also stated that aspirants should have secured at least 75% in their class 12 board exams with the aggregate marks for SC, ST, and PwD candidates at least 65%, or should be within the category-wise top 20 percentile of successful candidates of their respective boards. However, the top 20 percentile criterion was not given for the Main exam in the past.
"The marks scored by them are not a true reflection of their actual ability therefore those students with less marks than the eligibility criteria (75%) for this year’s examinations can score very high marks in the upcoming JEE Main 2023, and if a fair chance is denied to them that will affect the future (of) lakhs of bright (students)," the petition states.
JEE Main applicants say that those who did not receive a passing mark of 75% on their Class 12 examinations, especially those for whom this is their final opportunity to take the admissions exams, will be left out in the cold. A Petition for the postponement of the January session of JEE Main 2023 and the 75% eligibility requirement was heard in January by a Bombay High Court bench presided over by acting Chief Justice SV Gangpurwala and Judge Sandeep V Marne. The bench had then added that the eligibility criterion issue will once again be heard in February.
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