Malavika Suresh v. Union of India, Represented By The Secretary To Government Department of Higher Education, Ministry of Education New Delhi
2026-05-21
Bechu Kurian Thomas
body2026
DailyLaw.ai
JUDGMENT : Bechu Kurian Thomas, J. Petitioner seeks for a direction to accept her application and permit her to appear for the NEET(UG), 2026 examination to be held on 03.05.2026 by extending the time to remit the examination fee. Petitioner also seeks for a direction to reactivate the payment option for her for the said examination. 2. According to the petitioner, she belongs to the Scheduled Caste community and father is an autorickshaw driver, while her mother is employed in a private office. As the petitioner is a meritorious student, she applied for the NEET(UG) 2026 Examination under the Scheduled Caste category by submitting an online application on 14.02.2026 through the local Akshaya Centre. However, since she could not upload the fee of Rs.1200/-, she transferred the same through Google Pay to the additional 5th respondent, who was the licensee of the Akshaya Centre with the belief that the fee would be paid by them. Much later, the petitioner realised that her application remained incomplete due to non- payment of fee and she was not included in the list of candidates for the NEET(UG) Examination 2026. It is in such circumstances, the petitioner has approached this Court. 3. A statement has been filed by the 2 nd respondent pointing out that the confirmation page was not generated, indicating that the payment was not successfully completed by the candidate, which obviously was on account of her lapse and negligence. It is also stated that, if one candidate is permitted to remit the fee subsequently, it will open up a floodgate of such demands, and therefore, the Court should refrain from issuing any direction. 4. An additional statement has also been filed pointing out that the High Court of Andhra Pradesh as well as the Karnataka High Court, had dismissed similar writ petitions claiming the right to be considered for accepting the application submitted belatedly, which decisions though challenged before the Supreme Court, yet ended in dismissal. 5.
4. An additional statement has also been filed pointing out that the High Court of Andhra Pradesh as well as the Karnataka High Court, had dismissed similar writ petitions claiming the right to be considered for accepting the application submitted belatedly, which decisions though challenged before the Supreme Court, yet ended in dismissal. 5. A counter affidavit has been filed by the additional 5 th respondent stating that though the petitioner had uploaded the application for NEET(UG) Examination, 2026, the fee required, could not be uploaded due to certain technical errors in web portal of the 2 nd respondent and thereafter, the petitioner never turned up before the 5 th respondent for uploading the fee to make the application complete and instead, without their knowledge or consent, transferred the amount through Google-pay account to the 5 th respondent. It is also stated that there was no reason for the 5th respondent to assume that the transfer through Google Pay related to the petitioner's application fee for NEET(UG) Examination 2026 and therefore, he cannot be faulted for the failure of the petitioner to pay the fee. 6. I have heard Sri.Akshay Venu, the learned counsel for the petitioner, Sri.Nirmal S, the learned Standing Counsel for 2 nd respondent, Sri.Sreejith V.S, the learned Senior Government Pleader and Sri.L.Ram Mohan, the learned counsel for the 5 th respondent. 7. On 30.03.2026, this Court had passed an interim order directing the 2nd respondent to accept the fee from the petitioner for uploading herself as a candidate for the NEET(UG) Examination 2026 scheduled to be held on 03.05.2026. However, the 2 nd respondent took up the matter in appeal, and the said order was interfered with by the Division Bench by its order dated 07.06.2026. The Division Bench allowed the writ appeal by setting aside the interim order dated 30.03.2026, leaving open the legal and factual contentions raised by both sides. It was also observed that the petitioner would be at liberty to seek an expeditious disposal of the writ petition. Notwithstanding the above observation, the petitioner could not obtain any further interim orders or obtain disposal of the writ petition. 8. While so, the NEET(UG) 2026 Examination took place on 03.05.2026, without the petitioner being enrolled as a candidate.
It was also observed that the petitioner would be at liberty to seek an expeditious disposal of the writ petition. Notwithstanding the above observation, the petitioner could not obtain any further interim orders or obtain disposal of the writ petition. 8. While so, the NEET(UG) 2026 Examination took place on 03.05.2026, without the petitioner being enrolled as a candidate. Normally, the matter in this writ petition ought to have become infructuous by the conduct of the examination on 03.05.2026, without the petitioner getting any relief. However, it was submitted across the Bar that the said examination has been cancelled on account of leakage of question papers and the said examination is rescheduled to be held on 21.06.2026. Obtaining a small window open for the petitioner, the learned counsel insisted that the matter be heard, and accordingly, I have heard the counsel. 9. Even though this Court earlier granted an interim order directing the petitioner to participate in the NEET(UG) Examination, 2026, as mentioned above, the said interim order was set aside, and the petitioner could not write the examination on 03.05.2026. The examination held on 03.05.2026 has been cancelled, and it has been rescheduled as noted above, to be held on 21.06.2026. However, the rescheduled examination is only for those candidates who had already written the examination on 03.05.2026. Unfortunately, the petitioner could not enrol herself as a candidate for the examination on 03.05.2026. Therefore, the petitioner cannot at this belated stage, seek to write the rescheduled examination, intended only for those candidates who had already written the rescheduled examination. In such circumstances, I am of the view that the relief sought for by the petitioner has practically been rendered infructuous. In view of the above, the writ petition fails and accordingly, it is dismissed.