After asking IIT, Bombay, to take a humanitarian approach, the Supreme Court on Monday ordered a leading engineering institute to allocate a seat within 48 hours for a young Dalit boy who had missed out because he could not pay his fees due to not functioning. his credit card.
The High Court used its powers to direct IIT, Bombay, to make an extra seat for the Allahabad boy, saying it would be a parody of justice if turned away from the Supreme Court portals.
The panel of judges D. Ya. Chandrahud and A. S. Bopanna stated: “Before this court is a young Dalit student who is on the verge of losing the valuable seat allocated to him at IIT, Bombay. him from Allahabad, where he is currently studying, to Kharagpur and Bombay, and then to the capital of the country. Taking into account the circumstances of the case, this would be a serious parody of justice for a young Dalit student who must finally move this court, rejected from his portals … “
The panel of judges noted that if petitioner Prince Jaibir Singh, who earned 864 places across India in the SC category in the IIT entrance exam, is not admitted this academic year, he will not be eligible to attend further entrance exams as he is. appeared. in two consecutive attempts.
“Thus, we consider that this is a suitable and proper case when the exercise of jurisdiction in accordance with Article 142 of the Satversme is justified at an intermediate stage in connection with the facts that were presented in court. Accordingly, we instruct the first and second respondents (IIT, Bombay) to ensure that the seat allocated to the applicant is allocated to him at IIT, Bombay. This should happen without interfering with other students who have already been accepted, ”they said on the bench.
The higher court stated that the creation of additional seats on the facts of the present case should be subject to Singh’s admission to regularization should any seats become vacant as a result of extraordinary circumstances that may arise during the admission process.
“The parties must act on the basis of a certified copy of this order and carry out these instructions within 48 hours, that is, until November 24,” the court said.
During the hearing, the court was informed by attorney Sonal Jain, representing the Joint Office for Allocation of Seats (JOSAA) and IIT, Bombay, that there are no more vacancies at any of the IITs nationwide as the admission process has been completed and the court may issue an order under section 142 on allocating space to Singh.
The bench said, “Look at the child in the background. He has to borrow money from his sister after his credit card is out of order. Don’t be so wooden. We can issue an order under Article 142, but that could be unfavorable for IIT. You can take a humanitarian approach and explore the possibilities. Explain this to the chairman. “
The Supreme Court ruled that many places are vacated after students go to different institutions to pursue their careers in the best possible way, and IIT should consider and allocate one such place to this student.
“Something needs to be done for this student. This is basic common sense that students would not want to go to IIT, Bombay, and not pay Rs. 50,000 fees. Obviously, he has financial problems. He has to borrow money from his sister. These students prepare for this exam year after year. Look at their background, ”said the bench.
Jain said there are seven other students who, despite the allocated places, have not been able to pay their fees, and the court should take this into account.
The bench added that IIT must have a robust system to rule out any similar situation in the future, because students even from rural areas of the country study hard to pass this exam.
“Ordinary person, don’t carry multiple credit cards with you. They have limited ability to make payments. Otherwise, you will only have students from megacities, and not from rural areas of the country, ”the message says.
On November 18, the Supreme Court came to the aid of the boy and said that “the court must sometimes rise above the law,” because “who knows that in 10-20 years he may be the leader of our nation.”
The higher court instructed the lawyer, who appeared at the Center, to obtain detailed information on admission to the IIT, Bombay, and to study the possibility of his admission.
The applicant submitted that he had been allocated a place in an engineering construction at IIT, Bombay, but he could not pay the admission fee for the place as his credit card did not work on 27 October despite several efforts.
In his request through attorney Pragyu Bagel, Singh said that the next day he tried to book a seat after his sister sent money, but was unable to do so.
After that, he wrote several emails and called the IIT authorities, but received no response.
Having received no assistance, he then applied to the Bombay High Court for directions to IIT, Bombay, but his request was rejected for technical reasons.