ATUL KUMARversusTHE CHAIRMAN (JOINT SEAT ALLOCATION AUTHORITY) AND OTHERS
- Citation
- 2024 INSC 749
- Decided
- 30 September 2024
- Disposal
- Disposed off
Holding
A student who missed the fee‑payment deadline despite diligent efforts must be granted admission, and a super‑numerary seat may be created under Article 142 to ensure substantial justice.
Summary
The petitioner, a Scheduled Caste student, secured a seat in Electrical Engineering at IIT Dhanbad after ranking 1455 in his category in JEE Advanced 2024. He attempted to pay the required admission fee of Rs 17,500 before the 5 pm deadline on 24 June 2024, logging into the portal six times between 3:12 pm and 4:57 pm, but the payment was not processed due to the portal closing. Despite his diligent efforts and the availability of funds, he lost the admission because of the few‑minute delay. The Court examined whether the procedural deadline could be relaxed in view of the petitioner’s marginalized status and the principle of substantial justice under Article 142 of the Constitution. Finding no fault on the petitioner’s part and emphasizing the need to protect meritorious students from undue hardship, the Court ordered that a super‑numerary seat be created and the petitioner be admitted to the same batch, with all associated benefits. The order also directed the institute to facilitate his academic catch‑up for the elapsed period.
Issues considered
- Whether a Scheduled Caste student who missed the online fee payment deadline by a few minutes is entitled to admission under the principles of substantial justice.
- Whether the Supreme Court can invoke Article 142 to create a super‑numerary seat and override the admission deadline.
- Whether the petitioner’s diligent attempts to pay the fee constitute sufficient compliance with the admission formalities.
Legislation cited
- Constitution of Indias. Article 142
Subjects
Judgment
[2024] 10 S.C.R. 150 : 2024 INSC 749
Atul Kumar
v.
The Chairman (Joint Seat Allocation Authority) and Others
(Writ Petition (Civil) No 609 of 2024)
30 September 2024
[Dr Dhananjaya Y Chandrachud, CJI, J B Pardiwala and
Manoj Misra, JJ.]
Issue for Consideration
Matter pertains to Schedule caste category student who lost his
admission to IIT since he was late in paying the online admission
fee of Rs 17,500/- by a few minutes.
Headnotes†
Constitution of India – Art. 142 – Exercise of power under –
Indian Institute of Technology IIT-Admission – Schedule
caste category student allotted seat in Electrical Engineering
course at IIT – Took all steps to comply with all formalities
pursuant to the allotment to him of a seat for the course,
however, lost his admission to IIT since he was late in paying
the online admission fee of Rs 17,500/- by a few minutes –
Challenge to:
Held: Petitioner logged in as many as on six occasions and
uploaded the documents, which evidently indicates that he was
making earnest efforts to log into the portal – No conceivable
reason why the petitioner would not have done so if he had the
wherewithal to pay the fees of Rs 17,500 – Talented student like
the petitioner who belongs to a marginalized group of citizens
and has done everything to secure admission should not be left
in the lurch – Power of this Court u/Art.142 to do substantial
justice is meant precisely to cover such a situation – Petitioner
to be granted admission to IIT Dhanbad against the seat which
was allotted to him in the branch of Electrical Engineering –
Supernumerary seat to be created for the petitioner, if so
required. [Paras 6, 7]
List of Acts
Constitution of India.
[2024] 10 S.C.R. 151
Atul Kumar v. The Chairman
(Joint Seat Allocation Authority) and Others
List of Keywords
IIT-Admission; Schedule caste category; Electrical Engineering
course; Made efforts to log into the portal; Lost admission to IIT;
Late in paying online admission fee by few minutes; Marginalized
group of citizens; Granted admission to IIT; Supernumerary seat.
Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 609 of 2024
(Under Article 32 of The Constitution of India)
Appearances for Parties
Amol Chitale, Sarthak Sharma, Mrs. Pragya Baghel, Advs. for the
Petitioner.
Sonal Jain, Ms. Kajal Sharma, Arjun Mitra, Advs. for the Respondents.
Judgment / Order of the Supreme Court
Order
1. The petitioner is a meritorious student. He belongs to the Scheduled
Caste category. He appeared for the JEE (Advanced) 2024 Examination
and secured a rank of 1455 in his category. He was allotted a seat at
the Indian Institute of Technology Dhanbad for a four year Bachelor
of Technology course in Electrical Engineering. This was the second
attempt and, therefore, the last chance for the petitioner to secure
admission since only two attempts are permissible. The petitioner has
disclosed that his father is a daily wager. The petitioner completed
his higher secondary education from Khatauli, District Muzaffarnagar,
Uttar Pradesh. The family income is below the poverty line.
2. The time frame for the completion of online reporting, including the
payment of fees and uploading of documents was till 5 pm on 24
June 2024. The petitioner has stated that his parents arranged the
funds required for the payment of fees. The fees were deposited
in his brother’s account by 4.45 pm. The petitioner states that he
logged into the portal of the first respondent at 4.45 pm and applied
in the ‘float category’ of admission and uploaded the documents. The
portal closed at 5 pm and his payment was not processed.
3. The petitioner thereafter addressed an email to the first respondent. A
response was received on 26 June 2024 from the IIT Bombay Office
152 [2024] 10 S.C.R.
Digital Supreme Court Reports
for JEE (Advanced) redirecting the candidate to the organizing IIT,
which is IIT Madras. Eventually, these attempts did not bear any fruit.
4. The petitioner approached the Jharkhand High Court Legal Aid Service
Committee and he was directed to the Legal Services Committee
of the Madras High Court. A writ petition was instituted before the
High Court of Madras, but when the case came up for hearing, he
was advised to approach this Court.
5. The facts as they have been revealed before this Court indicate that
there is no dispute about three critical aspects: (i) the allotment of
the seat in Electrical Engineering to the petitioner at IIT Dhanbad; (ii)
the Scheduled Caste status of the petitioner; and (iii) the steps which
were taken by the petitioner to comply with all formalities pursuant
to the allotment to him of a seat for the course.
6. Counsel appearing on behalf of the first respondent has furnished
to the Court the log-in details of the petitioner, which indicate that
he was diligent in accessing the portal and did everything within
his power to secure the realization of his admission. The petitioner
logged in on 24 June 2024 between 15.12 hours and 16.57 hours,
on as many as six occasions. This evidently indicates that he was
making earnest efforts to log into the portal. There is no conceivable
reason why the petitioner would not have done so if he had the
wherewithal to pay the fees of Rs 17,500. A talented student like
the petitioner who belongs to a marginalized group of citizens and
has done everything to secure admission should not be left in the
lurch. The power of this Court under Article 142 of the Constitution
to do substantial justice is meant precisely to cover such a situation.
7. We accordingly order and direct that the petitioner should be granted
admission to IIT Dhanbad against the seat which was allotted to
him in the branch of Electrical Engineering. The petitioner will be
admitted to the same batch to which he would have been admitted
in pursuance of the order of allotment. The petitioner is ready and
willing to pay fees of Rs 17,500, which may be paid over personally
at the time when admission is granted to him. A supernumerary seat
shall be created for the petitioner, if so required, for the purpose of
complying with this order and no existing student shall be disturbed in
consequence. The petitioner would be entitled to all the consequential
benefits of admission, including allotment of hostel accommodation
and other facilities.
[2024] 10 S.C.R. 153
Atul Kumar v. The Chairman
(Joint Seat Allocation Authority) and Others
8. Since the admission of the petitioner has been delayed for no fault of
his, we request the Director of IIT Dhanbad to use his good offices
to ensure that the petitioner can duly complete the course work for
the period which has already elapsed during this academic year.
This will ensure that the petitioner is abreast of his class and does
not suffer for the delay in granting him admission.
9. The Petition is disposed of in the above terms.
10. Pending applications, if any, stand disposed of.
Result of the Case: Writ Petition disposed of.
†
Headnotes prepared by: Nidhi Jain
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.