New Delhi, IAS. The Supreme Court on Monday exercised its power under Article 142 of the Constitution to create a seat in IIT Bombay for a Dalit student who passed the exam but could not deposit the fee on time due to technical glitches. The Supreme Court ordered the student to be admitted to Bombay IIT within 48 hours. The court said that the seat of another student should not be taken for the seat of a Dalit student, but this talented Dalit student should be admitted from a suitable seat. IIT officials informed the Supreme Court that no seats are vacant. After this, the Supreme Court has asked the officers to give extra seats keeping a humane approach towards the situation.
The matter should be dealt with humanely
Justices DY Chandrachud and AS Bopanna told the counsel appearing for the Joint Seat Allocation Authority (JoSA) that they should not be firm on the issue and should understand the realities of social life and practical difficulties on the ground. The bench said that the student did not have money, then the sister had to transfer the money and then there were technical issues. The boy passed the exam. We wouldn’t have asked you if it was his negligence.
The bench further said that the matter should be dealt with from a humane point of view and not admitting the student is just bureaucratic. Justice Chandrachud said during the hearing that the student cannot be left in limbo. He is a Dalit boy and the authorities have to understand the ground reality. The court has asked the authorities to talk to the student and find a way out.
Court asked to find a way to settle the matter
Josa submitted before the bench that all the seats have been filled and no vacant seats are available. The apex court, in exercise of its powers under Article 142 of the Constitution, directed Josa to allot a seat for the student. The bench said that if a Dalit boy fails to take admission due to technical fault, it will be a great travesty of justice. The bench said that there is a young Dalit student before this court who is on the verge of losing a valuable seat allotted in IIT Bombay, so we are of the view that it is a suitable case of Article 142 at the interim stage. During the hearing, the top court asked Josa’s lawyer to find a way to resolve the matter.
Student failed to deposit fees due to technical fault
Referring to the boy’s excellent track record, the bench said the court will not come to the aid of a candidate who is not deserving. The Bench ordered that the seat should be allotted to the boy without obstructing the admission of any other student. If (any other) seat becomes vacant, the creation of this seat will be subject to regularization of admission.
The student was allotted a seat at IIT Bombay in the civil engineering branch on October 27. The petitioner had logged on to the JoSAA website on October 29 and uploaded the required documents, but did not have the money to pay the seat acceptance fee. His sister transferred the money to him on October 30 and he again tried to pay several times but failed. The student’s counsel had informed the bench that he failed to deposit the fees due to a technical snag.