ORDER :

1. Heard Mr. Ravipal Maheshwari, learned counsel, appearing for the petitioner, Mr. Raghavendra Pradhan, learned Additional Advocate General, appearing for the respondents No. 1 and 3 as well as Ms. Anmol Sharma, learned counsel, appearing for the respondent No. 2 and 4.

2. The petitioner appeared in the National Eligibility-cum-Entrance Test (UG) 2022 (for short, the NEET) as a scheduled caste candidate.

3. In the petition, in paragraph 3 ‘Particulars of the order/cause against which the petition is made’ the petitioner states as follows:

“By way of this petition the petitioner is not challenging any particular order on the part of the respondent authorities, but due to technically fault, the petitioner payment could not be received due to deprived off for registration of MPBS course in private college.”

4. In paragraph 8 ‘Facts of the case’ the petitioner states as follows:

“8.1 That, the petitioner is citizen of India and she is entitled to all the benefits and protections as enshrined in the Constitution of India.

8.2 That, the petitioner has passed minimum requisite qualification Higher Secondary in Biology subject. Copy of mark sheet of the Higher Secondary Education is being filed herewith as Annexure P-1.

8.3 That, the petitioner appeared for examination of National Eligibility Cum Entrance Test (referred as to be NEET) (UG) 2022 and the petitioner obtained 140 marks in scheduled caste female category. Copy of score card is being filed herewith as Annexure P-2.

8.4 That, the respondent authorities allotted ID No. 1702040458 and its password Bhanu$2712 to the petitioner and thereafter, the petitioner attempted for counselling in CGDME 2022, but unfortunately the server did not perform properly and hold in payment platform, the petitioner again tried many time, but failed to pay due to technical fault, and hence the petitioner deprived for the counseling. Copy of documents showing registration is being filed herewith as Annexure P-3.

8.5 That, due to failing to deposit fee, the petitioner has made complaint through online but as per given instruction and attempted to call but given no. but no one received not responding. Copy of complaint made through online is being filed herewith collectively as Annexure P-4.

8.6 That, the respondent authorities published allotment sheet of MBBS in the years 2022 then its very clear the lower marks of the candidate has gone allotted to MBBS seat, whereas the petitioner has gone deprived off due to technical fault. Copy of relevant portion of allotment on MBBS seat obtained from online is being filed herewith as Annexure P-5. Hence this petition on the following facts and grounds amongst others.”

5. Accordingly, the petitioner has prayed for granting an opportunity to deposit the requisite fee for counselling process.

6. This petition was filed on 14.11.2022 and taken up for consideration on 17.11.2022. The following order was passed on 17.11.2022:

“Heard Mr. Ravipal Maheshwari, learned counsel, appearing for the petitioner. Also heard Mr. Raghavendra Pradhan, learned Additional Advocate General, appearing for the respondents No. 1 and 3 as well as Mr. Ramakant Mishra, learned counsel, appearing for the respondents No. 2 and 4.

List this case tomorrow i.e. on 18.11.2022, as a fresh case.

By tomorrow morning, the respondents No. 1 and 3 will file an affidavit dealing with the salient points, as it is a medical college admission matter.”

7. Accordingly, the petition is placed today.

8. The State has filed its reply wherein at paragraph 4, 5, 6 and 7, it is stated as follows:

“4. The humble submission of the answering respondent/State is that, the notice for online application was issued on 14.10.2022 by which, the registration would be started since 17.10.2022 till 25.10.2022 at 05:30 pm sharp. However, the present petitioner has started proceeding for filing up the form on 19.10.2022 by generating account i.e. User Name and Password which is evident from the Annexure P/3, but has not completed the