SC asks IIT to admit Dalit student

New Delhi: Asking IIT Bombay to take a humanitarian approach, the Supreme Court ordered it to allocate within 48 hours a place to a Dalit student who could not file his fees because his credit card was not working.

The Supreme Court used its full powers to order the IIT to allocate a supernumerary seat to Allahabad’s boy, saying it would be a travesty of justice if he were removed from the Supreme Court. He also made critical observations on the financial capabilities of ordinary people, noting at one point that many do not have “multiple credit cards” with them to make heavy payments.

A bench of Judges DY Chandrachud and AS Bopanna said: “This tribunal has before it a young Dalit student, who is on the verge of losing a valuable seat assigned to him at IIT, Bombay, the hardships of the The caller took him from Allahabad, where he is currently studying, to Kharagpur and Bombay and eventually to the national capital. In view of the facts of the case, it would be a serious travesty of justice for the young Dalit student who must finally move this tribunal, is hijacked from its portals.

The bench noted that while the petitioner, Prince Jaibir Singh, who had a rank of 864 across India in the SC category on the IIT entrance exam, was not admitted this academic year, he would not be eligible to sit for other entrance exams because he tried the exam twice, in succession.

The petitioner said he was allocated a civil engineering seat at IIT Bombay, but was unable to pay the seat acceptance fee because his credit card was not working despite several efforts.

On October 15, the Union government reported LiveLaw, has published a brochure on the joint allocation of seats for academic programs offered by IIT, NIT and other engineering institutions for the period 2021 to 2022. The Joint Seating Authority or the JOSAA portal was open for online reporting for the first round until October 31st. date, relevant documents as well as the acceptance fee had to be paid. When Singh tried to pay the fee on October 29, he failed because he lacked funds.

In his plea, filed through attorney Pragya Baghel, Singh said the next day he tried to reserve the seat after his sister sent the money, but was unable to do so. to do. He said he wrote several emails and called the IIT managing authorities but received no response. Obtaining no redress, he then went to the Bombay High Court to seek instructions from IIT Bombay, but his plea was dismissed on technical grounds.

On November 18, the supreme court came to the aid of the student and declared that “sometimes the court has to rise above the law” because “who knows that in 10 to 20 years it could be the leader of our nation “.

On Monday, the Supreme Court said it found this to be “an appropriate and appropriate case where the exercise of jurisdiction under article 142 of the constitution is justified at the interim stage.”

Article 142 deals with the execution of decrees and orders of the Supreme Court.

“Accordingly, we ask the First and Second Respondents (IIT Bombay) to ensure that the appellant’s assigned seat is assigned to him at IIT Bombay. This will be done without disturbing the other students, who have already been admitted, ”said the bench.

The Supreme Court said that the creation of supernumerary seats in the facts of this case will be contingent on the regularization of Singh’s admission if any seats become vacant due to requirements that may arise during the admission process.

“The parties must act on the certified copy of this order and implement these instructions within 48 hours, ie November 24,” said the judiciary.

Article 142

During the hearing, lawyer Sonal Jain, representing the Joint Seat Allocation Authority (JOSAA) and IIT Bombay, said that there were no more seats available in any of the IITs in the country while the admission process was complete. The court can make an order under Section 142 to allocate a seat to Singh, Jain said.

The bench said, “Look at the child’s history. He has to borrow money from his sister after his credit card malfunctions. Don’t be wooden like that. We can make a Section 142 order but this may not be favorable to IITs. You can take a humanitarian approach and explore the possibilities. Explain this to the president.

The Supreme Court also said that many seats become vacant after students have been admitted to various other institutes to further their careers and that the IIT should seek and allocate such a seat to that student.

“Something has to be done for this student. It is basic common sense, that students would not want to enter IIT Bombay and not pay Rs. 50,000 fees? It is obvious that he has financial problems. He has to borrow money from his sister. These students study years after years for this exam. Look at their track record, ”said the bench.

Jain said there were seven other students who, despite being allocated seats, could not afford their fees and the court must take that fact into account.

The bench added that IITs should have a strong system in place to rule out such a situation in the future, as students even in rural areas of the country are struggling to study to pass this exam.

“Ordinary people don’t have multiple credit cards with them. They have limited options for making payments. Otherwise, you will only have students from metropolitan cities and not from rural parts of the country, ”he said.

(With PTI inputs)

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