The court upheld the necessity of strict compliance with examination payment protocols, denying late applications to maintain procedural integrity and fairness in the admission process.

ORDER :

1. The petition has been filed by the petitioners with the following prayer:

“a) Issue a writ mandamus or any other writ or orders directing Respondent No.2 to admit the Petitioner No.1 for the NEET examination which is scheduled to be held on 04-05-2025 (Annexure-C) by allotting Chikkamagaluru city as examination centre by receiving the requisite fees;

b) Pass such other or further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case is concerned in the interest of justice and equity.”

2. The petitioner no.1, a young student with a brilliant academic record having scored 592 marks out of 600 in the Board Examination, is seeking permission of this Court to appear in the ensuing NEET examination to be held on 04.05.2025. The facts reveal that the petitioner no.2 – Shri.BGS Science And Commerce PU College, from where the petitioner no.1 had studied his PUC had undertaken the job of uploading the applications for NEET of its students on payment of fee, by the students, to the said college. An averment has been made by the petitioner No.1 that he had paid an amount of Rs.1,600/- (Rupees One Thousand Six Hundred) to the college to enable the college upload the online application Form and pay the fees for ensuing examination.”

3. According to Sri.P.P.Hegde learned Senior Counsel for the petitioners, it was only on 26.04.2025, it transpired that out of 38 students who submitted applications for NEET, only with regard to petitioner no.1, the examination center has not been notified. On enquiries by the petitioner No.2, it transpired that the petitioner No.1 had not paid fee for the examination to enable him to sit in the examination.

4. The submission of Sri.Hegde, is that the petitioner No.1 having tendered the amount to the college, he is not at fault for not paying the fees for the examination. He states that with a brilliant academic record, if the petitioner is not permitted to appear in the examination, he shall loose precious, one year. He also placed before us the account statement of State Bank of India maintained by petitioner No.2 to show that an amount of Rs.1,600/- was paid by the petitioner towards the examination fees to the college for further payment to the National Testing Agency i.e., Respondent No.2 herein.

5. Sri.Hegde, states that this Court has enough powers in exercise of jurisdiction under Article–226 of Constitution of India to direct the respondents to permit the petitioner No.1 to sit in the examination. He also relies upon two judgments of this Court and also the Hon’ble Supreme Court, wherein this Court and the Hon’ble Supreme Court had in exercise of their powers, granted the benefits to the candidates whose candidature was rejected for different reasons.

6. On the other hand, Mr.H.Shanthi Bhushan, learned Deputy Solicitor General of India, would submit that instructions issued to the candidates for submitting the online forms are very clear, in as much as the application of a candidate will be considered complete only after successful payment of application fee. In the present case, the application fees having not been paid by the petitioner no.2, which made the application form incomplete though the registration process in that regard having been completed, the petitioner cannot be allowed to sit in the examination.

7. He filed a note of submissions to contend that as the examination is scheduled on 04.05.2025 i.e., day after tomorrow and as per his instructions t