normalisation – India Legal https://www.indialegallive.com Your legal news destination! Thu, 29 Feb 2024 06:07:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg normalisation – India Legal https://www.indialegallive.com 32 32 183211854 Plea challenging normalisation procedure adopted for JEE Mains rejected: Delhi High Court https://www.indialegallive.com/constitutional-law-news/courts-news/plea-challenging-normalisation-procedure-adopted-jee-mains-rejected-delhi-high-court/ Thu, 29 Feb 2024 06:07:28 +0000 https://www.indialegallive.com/?p=332740 The plea challenging the ‘normalisation’ procedure adopted in the Joint Entrance Examination (JEE) Mains exam was rejected by the Delhi High Court a few days back. The National Testing Agency (NTA) conducts a procedure called Normalisation which compares a candidate’s scores across the question papers of multiple sessions so that a student is not deprived or […]]]>

The plea challenging the ‘normalisation’ procedure adopted in the Joint Entrance Examination (JEE) Mains exam was rejected by the Delhi High Court a few days back.

The National Testing Agency (NTA) conducts a procedure called Normalisation which compares a candidate’s scores across the question papers of multiple sessions so that a student is not deprived or given advantage by the difficulty level of a particular session’s exam.

On February 27, Justice C Hari Shankar rejected the plea filed by one Setu Vinit Goenka against the normalisation procedure at the threshold (in limine).

The Court said that the process of normalisation puts away the discrepancy which arises due to unavoidable possibility of different papers being of different difficulty levels.

NTA contended that normalisation on percentile basis is a detailed statistical process followed around the world.

The Court said that although it does not possess the expertise to subjectively go into the intricacies of the normalisation procedure.

It further added that this was a matter of academic policy, in which the Court has to defer to the authorities, unless the procedure is found to be so arbitrary or resulting in constitutionally unsustainable results which the court does not uphold at any cost. No such case has been made out in the averments contained in the present writ petition.

The single-judge Justice Hari Shankar stated that this is no easy decision as wthe courts must be conscious even while issuing notice in cases like the present one where lakhs of students are involved.

The Justice stated that the very fact that an examination such as the IIT JEE, which governs entrance to IITs, NITs and other centrally funded technical institutions, may be subject matter of a Court proceeding, is itself a serious issue.

Justice observed that intervention of court creates uncertainty in the minds of students who attempt the papers. Courts have, therefore, to be extremely careful even while issuing notice in such cases. It is only if the procedure being followed is constitutionally completely unacceptable that such cases deserve issuance of notice.

The petitioner Setu Vinit Goenka approached the High Court arguing that the normalisation process is unjust and unfair for students.

It was stated that normalisation factor is not disclosed by the NTA.

The Justice also contended that normalisation should not be a ground for judging the performance of any student as they all appear for the same exam through different shifts randomly allocated by NTA.

The Court added after due consulations that the raw scores of a candidate differ from the percentile scores which are ultimately assigned to students based on normalisation.

The plea was contested by the NTA which argued that a total of 12 lakh candidates appear for the JEE exam and to ensure complete transparency, it is not possible to provide the same question paper to all candidates in the country.

The Court found that the submssion was speculative in nature and rejected the same.

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The China Syndrome https://www.indialegallive.com/special-story/the-china-syndrome/ Fri, 26 Jun 2020 10:56:50 +0000 https://www.indialegallive.com/?p=102872 PM Rajiv GandhiRecalling a breakthrough visit by the late Prime Minister Rajiv Gandhi to Beijing and how a new high in relations often precedes a new low.]]> PM Rajiv Gandhi

Recalling a breakthrough visit by the late Prime Minister Rajiv Gandhi to Beijing and how a new high in relations often precedes a new low.

By Dilip Bobb

Beijing was freezing cold on that December morning in 1988 when Rajiv Gandhi arrived in the Chinese capital to mark the first visit by an Indian prime minister to the country in 34 years. The weather was quite in keeping with the frosty re­lations between the two neighbours and there was no indication in the early ex­changes between the two sides and the official banquet that anything was about to change. That later turned out to be a vital lesson in the Chinese diplomatic playbook.

As part of the media delegation acc­ompanying the Indian prime minister, I had a front row seat to the inscrutable manner in which the Chinese conduct bilateral negotiations and their view of India. In 1988, China was just starting to open up to the world and its economy was still state- and party-led and inward-looking. The antagonism that had sculptured relations between the two giants since the 1962 conflict had suggested that any prospect of a Sino-Indian rapprochement was bleak, and the general feeling among Rajiv’s advisers and the diplomats accompanying him was that it would possibly be one step forward and two steps back. The Great Wall of Hos­tility was, it seemed, impossible to breach.

That it proved a historical visit and an ice-breaker was only evident on the last morning of the official visit. For that, a major share of the credit was not so much Rajiv’s as it was of the Grand Old Man of China—the 84-year-old, ailing Deng Xiaoping. If Rajiv deserves credit for taking the gamble of flying blind to Beijing, it was the all-powerful Deng who undoubtedly orchestrated the turning point during his emotion-charged meeting with Rajiv. What that signified was the importance and vision of one leader, not Communist-style party consensus and the Little Red Book. Rajiv had met the official leaders and the two sides had held extensive talks without any indication that things were going to change on the issue that was the elephant in the room—the tension on the border or Line of Actual Control and the stalemate in diplomatic relations. Here’s what I wrote then. 

“The tension in the air was almost touchable as the two leaders converged from opposite ends of the cavernous Great Hall of the People. Deng, the famous pudding face animated by a twinkle in the eyes, shuffled forward, then stopped, realising Rajiv was still some distance away. The make-or-break enormity of the occasion was reflected in Rajiv’s mien as he moved hesitantly forward, his face set and exuding a certain nervousness. Throughout the three-minute-long handshake, he remained unsure and overawed, answering in monosyllables as Deng rambled into reminiscence.

In China, however, symbols and semantics are infinitely more important than official declarations. Deng’s opening remarks welcoming his ‘young friend’ and suggesting they ‘forget the past’ was an overt indication that he was literally holding out a hand of friend­ship. And the next few minutes of their meeting was broadcast through loudspeakers, not so much for the benefit of the world media as for China’s one billion people.

The fact that he spent 90 minutes with Rajiv discussing the chan­ging international scenario and his vi­sion of the balance of power was another signal. A semi-recluse, Deng rarely spends over 30 minutes with visiting leaders. Thus, without actually saying so, Deng was giving his blessings to a burial of the past and the start of another long march towards normalisation of Sino-Indian relations. After nostalgically recalling his meetings with Nehru and his dealings with Mrs Gandhi. Deng suddenly became serious, turned to Rajiv and said: ‘You are young. You are the future. We are receding into history. There is a new generation of leaders now and a global desire to live in peace and end conflict and tension. It lies in your hands to shape the destiny of the new world order. Use it wisely.’”

That China now is the world’s second biggest economy and in search of superpower status has changed the bilateral equation dramatically, and taken the two sides back to where they were before Rajiv’s visit. The lessons are obvious: China’s search for superpower status means that aggressiveness and power projection dictates every move they make. The biggest change in diplomacy has been China’s single-minded effort to weaponise its economy. In 1988, they had no such ambition, nor did they have the economic and military clout.

For the Chinese, friendship is never permanent but hos­tage to the country’s global ambitions. Under Xi Jinping, it has abandoned Deng’s mantra that China should “hide its brilliance and bide its time.” The current face-off in Ladakh shows that the 18 meetings between Prime Minister Modi and Xi and expressions of bilateral cooperation and peaceful coexistence mean nothing when global ambitions are in play. That has always been the case.

As I concluded in my 1988 report on the Rajiv visit: “The hands across the Himalayas are still loosely grasped. Rajiv’s visit has opened a chink in the bamboo curtain and only the coming months will tell just how durable the new warmth will be. In that sense, the ‘new beginning’ is very much like a Chinese banquet—appetising and savoury but full of unknown ingredients and a bewildering variety of unfamiliar dishes.”

Lead Picture: twitter.com

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