Gujarat High Court Rubbishes JEE Normalization and orders fresh Merit Lists! Earlier, we had reported that the Gujarat High Court had overturned the JEE Normalization followed after agitated petitions from students who had been discriminated against by the JEE Normalization formula. The Court has in uncertain terms deemed the whole exercise as completely detrimental and scathingly made clear that the Indian Statistical Institute, Kolkata did not have the right to invent the formula of normalization and also, that such powers have not been vested with the Admission Committee We put forth some important points as listed in the verdict: The Merit List Preparation as announced by CBSE: According to Rule 11, two merit lists are required to be prepared by the respondents; 1. The first merit list to include the candidates who have passed qualifying examination from the Boards for which the percentile marks are available 2. The second list was to be for the candidates from those Boards for which the percentile marks are not available Merit Lists were required to be prepared on the basis of 60% weightage of percentile marks obtained by the students in the theory subjects i.e. Physics, Chemistry and Mathematics in the Board Examination which were to be combined with 40% weightage of the percentile marks obtained in JEE [Main] examination The Gujarat High Court’s View Point: Ignoring the above provisions of the Rule, the respondents have published a combined merit list of the students of the CBSE and the Gujarat Board without taking into consideration the correct percentile and percentage marks of the students, due to which, there has been gross injustice to the petitioners who have passed the examination from CBSE Board The court pointed out that in the Rules or the Act, there was no method of normalizing the marks obtained in the Board with respect to the marks obtained from other Boards. It was pointed out that to achieve this, the respondent authority had taken the help of Indian Statistical Institute, Kolkata for the purpose of normalization of such marks. The court specified that there is also no dispute that the actual method of normalizing marks was not disclosed in any of the advertisements given and the students were totally kept in dark. The comparison by the Gujarat High Court on the cases cited by the petitioner: The cases of Mr. Tanna and Mr. Vivek Patel, who stood first in their respective Boards was cited. Mr.Tanna of Gujarat Board has obtained 283 marks out of 300 and in JEE he secured 275 marks out of 360 Mr. Vivek Patel has obtained 234 marks out of 240 in the CBSE and in JEE he secured 280 marks out of 360. It was found out that while preparing the final list on the basis of the present erroneous system Mr. Tanna had a higher Merit Rank than Mr. Patel. Mr. Tanna had received 254.07833903 while Mr. Patel had received 243.36354424. Flaws found by the High Court: The procedure adopted by the respondent’s shows that the normalization has been made on the basis of percentile marks obtained by a candidate with respect to the other candidates who have registered in the process of selection from that Board. This according to the court is not the law where the the lists of percentile obtained from the concerned Boards have not been taken into consideration in spite of rules to that effect. Thus, the High Court has deemed that the procedure adopted by the Indian Statistical Institute, Kolkata is not in conformity with the Rules. In addition, neither the Act nor the Rules has vested this kind of power to the Indian Statistical Institute to invent the formula of normalization while such power has not been given to the Admission Committee either. The High Court found substance in the contention that the method adopted by the respondents is not authorized by the legislature. In finding it so, the High Court deemed that the methods adopted by the Indian Statistical Institute is invalid. The court also found it unable to accept the principle adopted that mapped the Board percentiles with JEE-Main percentiles and the corresponding PCM marks” It also found wrong that only the marks obtained by the students registered for the process of selection should be taken into consideration as suggested by the Statistical Institute, Kolkata since this in direct conflict with the method prescribed in the Rules The court also felt that there was no justification of taking into consideration the factor of number of candidates who have registered for JEE [Main 2013 from a particular Board or the number of candidates registered in the process of selection. Directive of the High Court: The court directed that the merit list should be prepared in accordance with the existing Rules as follows: The total marks obtained by a candidate will be A +B A = percentage of actual marks obtained by a candidate in his Board Examination x the percentile given by that Board in respect of that candidate in comparison to all the similar candidates appearing in that Board Examination Note: Percentile given by that Board is calculated irrespective of the fact whether they have registered in this process of selection or not B = Percentage of marks actually obtained by that candidate in JEE X percentile given to that candidate with reference to the performance of all the persons appearing in JEE irrespective of the fact whether they have registered in this process of selection or not XThe Court directed the respondents (ACPC) to act accordingly and prepare fresh merit list
Posted on: Wed, 24 Jul 2013 09:08:18 +0000
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