JEE Advanced: Plea against eligibility criterion of 75% marks in the higher secondary examination for admission to IIT, dismissed by the Supreme Court

On May 29, 2023, the Supreme Court of India dismissed a plea challenging the eligibility criterion of 75% marks in Class XII (higher secondary) Board examination for admission to the Indian Institute of Technology (IIT). The matter was heard by the vacation bench of the SC including Justice KV Vishwanathan and Justice Sudhanshu Dhulia. While giving the order, the bench said, “2016, 2017, 2018…This condition has always been there that students must have secured 75%, why should we interfere? This is not a matter we want to get into.” 

During the proceedings, the petitioner’s counsel submitted that their fundamental rights were violated because of the decision of the National Testing Agency. He also added, “This condition was waived during COVID-19. During that time, the National Testing Agency allowed students to take the JEE Advanced examination without the assessment in Class XII. These students who were allowed during the pandemic are not being permitted to take the examination because this condition is brought back. Some of these students have obtained more than 98.8% in JEE Mains.” Moreover, the Counsel also said that a waiver was given to the students during the COVID-19 pandemic and the same students had a greater chance of clearing the examination. He urged that “They have scored more than 98% in Joint Entrance Examination, JEE {Main}. These are meritorious students. Kindly allow them.” 

Further, Justice Dhulia asked the petitioner’s counsel to approach the High Court, “Why don’t you approach the High Court?” The counsel responded that this would have pan-India implications whereas Justice Dhulia of the SC asked him to first think of the petitioner whom he was representing the Court. The Counsel while trying to convince the bench said, “These are thousands of students all over India. So many of them have approached me. They have performed exceedingly well in JEE Mains but are not allowed to take the subsequent examination because this condition is revived. These are meritorious students.” In spite of all the submissions made by the Counsel, the SC bench said, “This is not a matter we want to get into. These are education matters. We have to defer to the experts.” Along with this, an intervention application was also refused by the bench filed on behalf of a candidate who secured 10 marks short of 75% but scored 92% in JEE Mains.