Biswanath Somadder, J. - (1.) In the instant application under Article 226 of the Constitution of India the two writ petitioners, being the minor son and his father, have inter-alia prayed for the following reliefs:- "(a) A writ of or in the nature of Mandamus do issue directing the respondents and/or each one of them and their servants, agents and subordinates to set aside and/or quash the purported selection and the merit (All India Rank) list of admissions to IITs/ITBHU/ ISM on the basis of the Joint Entrance Examination (JEE) held in April 2006 as the same was prepared and/or made on the basis of imposition of illogical and wrong cut-off marks in three different subjects without any rational basis and the said cut-off marks cannot be calculated by the procedure claimed (in writing) to have been adopted. (b) A writ of or in the nature of Mandamus do issue directing the respondents and/or each one of them and their servants, agents and subordinates to prepare and/or publish fresh Chemistry marks of candidates for admissions to IITs through the said examination held in April 2006 after making appropriate correction in evaluation scheme by adjusting for wrong evaluation and out of syllabus questions in Chemistry and, more importantly, removing manual corrections made in the machine gradable scripts of Chemistry. (c) A writ of or in the nature of Mandamus do issue directing the respondents and/or each one of them and their servants, agents and subordinates to prepare and/or publish fresh merit list of candidates for admissions to IITs/IT-BHU/ISM through the said examination held in April 2006 on the basis of the corrected set of cut-off marks calculated by the procedure claimed (in writing) to have been adopted and based on the fresh aggregate marks obtained in the three subjects. (d) A writ of or in the nature of Mandamus do issue directing the respondents and/or each one of them and their servants, agents and subordinates to withhold and/or postpone the counselings which is scheduled to start from 18 June 2007 for admissions to all IITs/IT-BHU/ISM on the basis of the Joint Entrance Examination (JEE) held in April 2007 till the petitioner no.1 is admitted in his preferential IIT and in preferential branch in the second year on the basis of the Joint Entrance Examination (JEE) held in April 2006. (e) A writ of or in the nature of Mandamus do issue directing the respondents and/or each one of them and their servants, agents and subordinates to declare the petitioner no.1 as successful and qualified in the said JEE held in April 2006 on the basis of his performance. (f) A writ of or in the nature of Mandamus do issue directing the respondents and/or each one of them and their servants, agents and subordinates to allow the petitioner no.1 to take admission in his preferential branch of his study on the basis of his performance within the flexible credit-based academic program of the IITs so that there is no loss of academic year because the petitioner no.1 has been deprived of the admission for having no fault of his own. (g) A writ of or in the nature of Certiorari do issue directing the respondents and/or each one of them and their servants, agents and subordinates to transmit the entire records relating to this case to this Honourable Court so that conscionable justice can be done to the petitioner no.1 on perusing the same. (h) A writ of or in the nature of Prohibition do issue prohibiting the respondents and/or each one of them and their servants, agents and subordinates from withholding the admission of the petitioner no.1 in his preferential IIT and in his preferential subject any further on the basis of the said JEE held in April 2006, and further prohibiting the respondents from preceding and/or taking any further steps on the basis of JEE 2007 held in the month of April 2007 as the petitioner no.1 is not admitted. ..............."
(2.) In brief, the facts of the instant case are as follows:- The writ petitioner no.1, in the year 2005, appeared amongst others in the Joint Entrance Examination (hereinafter referred to as JEE). The said JEE examination is routinely conducted by the Indian Institute of Technologies (hereinafter referred to as IITs) for admissions to the various Institutes of Technology situated in India, Institute of Technology- Banaras Hindu University and Indian School of Mines.
(3.) Subsequently, in the year 2006, the writ petitioner no.1 again appeared amongst others in the JEE. Writ petitioner no.1 was declared "not-qualified" in JEE 2006. Sometime in the month of August, 2006, writ petitioner no.1 received his performance card of the said JEE 2006, wherein his Chemistry marks were found to be below the cut-off marks.;