JEE Main 2023: The Bombay High Court Tuesday refused to postpone this month’s Joint Entrance Exam (JEE) Main 2023 exam, stating that any ruling would have a cascading effect on future examinations and that courts should not intervene even if “an educational policy is bad”.
A bench headed by acting Chief Justice SV Gangpurwala and Justice Sandeep V Marne ruled on a petition filed by activist Anubha Srivastava Sahai against the National Testing Agency (NTA). The petitioner had urged NTA to postpone the January exam and remove the 75 per cent eligibility criterion. Sahai claimed that many class 12 students will be appearing for their practical exams, vivas, etc. in January, which will coincide with the JEE Main 2023 January session. She also said that even the HSC, CBSE, ICSE (class 12) exams are scheduled to begin on February 1, which will make the exam calendar chaotic for class 12 students.
However, the bench has decided against postponing the JEE exam. “If any orders are passed today directing postponement of January exams, the same may have a cascading effect on future exams also. The extraordinary circumstances do not appear to exist for restraining respondents from holding January examination. Lakhs of students must have been preparing for exam,” the bench ordered, according to Bar and Bench.
The Court also added that there is a judgment in SC, which states that even if a policy is not good, the Court cannot intervene. “Your PIL may affect 50,000 students, but not affect 5 lakh students. A Supreme Court judgment says that even if an educational policy is not good, the Courts ought not intervene. In educational matters, judicial review is negligible” the Bench underscored,” Bar and Bench quoted the Court.
According to the official NTA calendar, the JEE Main 2023 first session exams are scheduled to take place on January 24, 25, 27, 28, 29, 30, and 31, 2023.
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The petitioner requested that if the exam cannot be postponed, then an extra attempt should be added in May 2023. “For this, the Bench has asked us to file an interim application, and then the request will be handled accordingly,” Sahai told indianexpress.com. She added that “the students are not happy with this decision, but the Bench has understood our point. However, due to some rules and regulations, they cannot intervene in this.”
Sahai has also requested the NTA to remove the 75 per cent eligibility criterion as “the marks scored by them is not a true reflection of their actual ability therefore those students with less marks than the eligibility criteria (75%) for this year’s examinations can score very high marks in the upcoming JEE Main 2023, and if a fair chance is denied to them that will affect the future (of) lakhs of bright (students),” the PIL stated. Regarding this matter, the Court has decided to consider this issue on February 21.
Source: https://news.google.com/__i/rss/rd/articles/CBMicGh0dHBzOi8vaW5kaWFuZXhwcmVzcy5jb20vYXJ0aWNsZS9lZHVjYXRpb24vamVlLW1haW4tMjAyMy1ib21iYXktaGMtcmVmdXNlcy10by1wb3N0cG9uZS1qYW51YXJ5LXNlc3Npb24tODM3MzE5OC_SAXVodHRwczovL2luZGlhbmV4cHJlc3MuY29tL2FydGljbGUvZWR1Y2F0aW9uL2plZS1tYWluLTIwMjMtYm9tYmF5LWhjLXJlZnVzZXMtdG8tcG9zdHBvbmUtamFudWFyeS1zZXNzaW9uLTgzNzMxOTgvbGl0ZS8?oc=5
