Cannot change category from general to EWS midway: Gujarat high court
Ahmedabad: The Gujarat high court has rejected a petition filed by a student who appeared in the Joint Entrance Test (JEE-Mains) as a general category candidate, but whose candidature in the economically weaker section (EWS) quota was not accepted for JEE (Advanced).
While dismissing the petition, the HC said, “A candidate, applying in JEE (Mains) as a general candidate and having been declared successful, cannot thereafter be permitted to change his category to ‘general EWS’.”
The case involved a student from Ahmedabad who submitted that he had applied for JEE (Mains) in the general category and scored 99.5987 NTA score and became eligible to appear in JEE (Advanced) to qualify for admission in the Indian Institute of Technology (IITs). After clearing JEE (Mains), he procured an EWS certificate on April 6 from the authorities due to his family’s weak financial condition. When he applied for JEE (Advanced) on April 23, he was not allowed to apply in the ‘GEN-EWS’ category.
The student approached the HC, where his counsel submitted that the student could not apply in the EWS category due to a technical glitch, and urged the HC to direct the IIT-Roorkee to permit him to apply in the quota. He also submitted that the EWS status would help the student in getting scholarships, otherwise his family would face difficulties in financing his education.
After hearing the case, Justice J L Odedra said, “It appears that initially, the petitioner had made a choice to apply under JEE (Mains) as general category candidate. It cannot be that, subsequent to the application for JEE (Mains), the petitioner suffered economical setback and/or consequences and therefore he has metamorphosed to a candidate, categorised under GEN-EWS category. In any case, to that effect, there are no pleadings by the petitioner.”
The HC further stated that such a candidate cannot be permitted to change his category from general to EWS. “What is masked as a technical glitch by the petitioner, is actually an attempt to change the category from general to GEN-EWS category which, as such, cannot be permitted. Accordingly, the petition, lacking merits, is liable to be rejected and stands disposed of accordingly,” the court said.
The case involved a student from Ahmedabad who submitted that he had applied for JEE (Mains) in the general category and scored 99.5987 NTA score and became eligible to appear in JEE (Advanced) to qualify for admission in the Indian Institute of Technology (IITs). After clearing JEE (Mains), he procured an EWS certificate on April 6 from the authorities due to his family’s weak financial condition. When he applied for JEE (Advanced) on April 23, he was not allowed to apply in the ‘GEN-EWS’ category.
The student approached the HC, where his counsel submitted that the student could not apply in the EWS category due to a technical glitch, and urged the HC to direct the IIT-Roorkee to permit him to apply in the quota. He also submitted that the EWS status would help the student in getting scholarships, otherwise his family would face difficulties in financing his education.
After hearing the case, Justice J L Odedra said, “It appears that initially, the petitioner had made a choice to apply under JEE (Mains) as general category candidate. It cannot be that, subsequent to the application for JEE (Mains), the petitioner suffered economical setback and/or consequences and therefore he has metamorphosed to a candidate, categorised under GEN-EWS category. In any case, to that effect, there are no pleadings by the petitioner.”
The HC further stated that such a candidate cannot be permitted to change his category from general to EWS. “What is masked as a technical glitch by the petitioner, is actually an attempt to change the category from general to GEN-EWS category which, as such, cannot be permitted. Accordingly, the petition, lacking merits, is liable to be rejected and stands disposed of accordingly,” the court said.
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