SANCHIT BANSAL Vs. JOINT ADMISSION BOARD

LAWS(CAL)-2010-1-47

HIGH COURT OF CALCUTTA

Decided on January 06,2010

SANCHIT BANSAL Appellant

VERSUS

JOINT ADMISSION BOARD (JAB) Respondents

JUDGEMENT

- (1.) FACTS :- Rajib Kumar, the appellant no.2 is a professor, teaching in I.I.T. (Indian Institute of Technology), Kharagpur. His son Sanchit Bansal appeared in the Engineering Entrance Test in 2005. He was, however, unsuccessful. He again sat for the Joint Entrance Examination for the year 2006. He was again unsuccessful. He also sat for West Bengal Joint Entrance Examination where he was successful and he got himself admitted in Jadavpur University where he is now studying. Sanchit was, however not happy with the result of J.E.E. performance. His father Rajib was also dissatisfied. He started making correspondence with the J.E.E. authority. He asked for necessary details under the Right to Information Act, 2005 (hereinafter referred to as R.T.I. Act). The authority initially declined however subsequently the required informations were supplied. We do not wish to go in detail with regard to the proceedings before the authorities under the R.T.I. Act being strictly not relevant herein. Fact remains, Sanchit became disqualified as he could not touch the bench mark fixed in Chemistry. He got 52 whereas the bench mark in Chemistry was 55 fixed by the Joint Entrance Board. Sanchit, however, scored much higher marks in aggregate, compared to the last candidate admitted in I.I.T. Rajib questioned the procedure for fixing the bench mark. He also alleged mala fide.
(2.) WRIT PETITION :- 2.1. On June 12, 2007 Rajib for himself as also on behalf of Sanchit who was minor at that time, approached the learned single Judge by filing a writ petition being W.P. 11434 (W) of 2007, inter alia praying for quashing of the merit list prepared by the J.E.E. Board in April, 2006 and for preparation of a fresh merit list after properly evaluating Chemistry paper of Sanchit. He also prayed for credit based transfer in appropriate semester in I.I.T. 2.2. Although several grounds were taken in the writ petition the main thrust was on the fixation of cut-off marks in Chemistry and mala fide.
(3.) STAND OF THE INSTITUTE :- The writ petition was contested by the institute as well as the Joint Admission Board. They denied each and every allegations brought against them. They also disclosed the procedure followed for fixation of the cut-off mark. They also disclosed that there were at least twelve students who could not get themselves admitted although they got higher marks in aggregate than that of the last admitted candidate.;

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