New Delhi: A petition has been filed in the Supreme Court appealing a stay on the government’s decision to re-conduct the All India Engineering Entrance Examination (AIEEE) for aspirants who could not appear in the May 1 test due to question paper leak.

The petition, filed by former Professor A P Sinha of NIT Jamshedpur, has appealed against a Delhi High Court order which issued notices to the government but refused to stay its decision to re-conduct the AIEEE on May 11.

"As per the scheme of the examination, two separate examinations are not envisaged at all for a single merit list based on performances. Deviations leave the process illegal, unjust, unconstitutional, arbitrary and clearly against fundamental rights of equality of all the candidates," the petition said.

The main plea before the high court was for the cancellation of the examination held on May 1 and conducting it afresh in near future providing equal opportunity to each and every candidate.

The petitioner had sought stay on the government's notification dated May 2 for holding the AIEEE on May 11 for the candidates who could not take it on May 1 after the question paper was leaked.

As the court did not stay the rescheduled exam, the petitioner approached the Supreme Court contending that "High Court's decision results into effectively disallowing the main petition rendering the same as in fructuous".

The petitioner contended that the government is "conducting two AIEEE 2011 exams under two very different conditions -- one in adverse and disadvantageous condition, marked by chaos in which 97 percent of the total candidates appeared, while only three percent candidates are allowed  to appear on May 11 in an undue advantageous positions".

The petitioner has made the Ministry of Human Resource Development, the secretary of the AIEEE unit of the Central Board of Secondary Education (CBSE) and its Director (Special Exams) as respondents.

"The respondents remained silent and insensitive and are trying to cover up all the irregularities committed by proposing to hold an unprecedented second exam only for selective candidates and others on undisclosed and vague administrative grounds," states the petitioner.

On May 1, the examination was delayed by CBSE by three hours following the paper leak. The question paper was reportedly being sold in the open market in Lucknow. A man was arrested by the Special Task Force of the Uttar Pradesh Police for his alleged role in the leakage.