New Delhi : , Monday, November 22nd, 2012: The Supreme Court exercised Article 142 of Constitution to provide a seat to a student from Dalit at IIT-Bombay.Although the test was passed, the Supreme Court could not make the deposit due to technical difficulties.A bench comprising Justices D.Y.A.S.Bopanna and Chandrachud told counsel for Joint Seat Allocation Authority that they shouldn’t be ‘wooden’ on the matter and should ‘understand the realities of society — the practical difficulties in the ground’.
According to the bench, “The student didn’t have enough money.The sister transferred money.There were also technical problems.He passed the test.We wouldn’t have asked him if it had been his negligence.”It is only bureaucracy to admit a student, and the court should deal with the case in a humanistic manner.”
JOSAA stated before the bench, that all available seats were taken and there are no more vacant ones.
To direct the JOSAA, the top court used Article 142 to give the JOSAA the authority to earmark a student seat.
It would be an abomination of justice if a Dalit boy is denied admission because of a technical problem, the bench stated.
According to the bench, “This court has before them a young Dalit student on the brink of losing a valuable seat in IIT Bombay.For this reason we believe it is a suitable case for Article 142 at the interim stage.”
The top court instructed JOSAA counsel that they find a solution to the problem during the hearing.The bench cited the outstanding track record of the boy and said that the court wouldn’t help a candidate who isn’t deserving.
A bench asked that a boy be assigned a seat without interfering with the admission of other students.Admission will not be regularized if any other seat is vacant.
On October 27, the student was granted a seat at IIT-Bombay’s civil engineering branch.On October 29, the petitioner logged in to the JOSAA website and submitted the required documents.
However, he was unable to make the payment for the acceptance fee.On October 30, his sister transferred money to him.He tried several more times to pay the fee, but this time he failed.Counsel for the student informed the court that the technical difficulties caused him to not submit the fee.
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