Digital Desk, New Delhi. The Supreme Court on Monday exercised its power to create a seat for a Dalit student in IIT-Bombay under Article 142 of the Constitution. The student passed the exam but could not deposit the fee on time due to technical snag. Justice D.Y. Chandrachud and A.S. Bopanna told the counsel appearing for the Joint Seat Allocation Authority (JoSA) that they should not be harsh on the issue and should understand the realities of social life and practical difficulties. The bench said, the student did not have money, his sister had to transfer the money and there were some technical issues. The boy passed the exam. If it was his negligence, we wouldn’t have told you.
The bench further said that the matter should be dealt with humanely. Josa argued before the bench that all the seats have been filled, the vacant seat is not available. The top court exercised its powers under Article 142 of the Constitution to direct Josa to allot a seat for this student. The bench said that if a Dalit boy fails to take admission due to technical snag, it will be a great travesty of justice. “There is a young Dalit student before this court who is on the verge of losing a valuable seat allotted to him in IIT-Bombay,” the bench said. Therefore, in our view, it is a fit case for Article 142 at the interim stage.
During the hearing, the top court asked Jossa’s counsel to find a way to resolve the matter. Referring to the excellent track record of the student, the bench said that if the court does not help such a candidate, then whose will it do. The bench ordered that a seat should be allotted to the boy without obstructing the admission of any other student. 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 told the bench that he failed to deposit the fees due to technical snag.