Denial of admission on technical grounds, such as non-payment of fees due to circumstances beyond the student's control, may result in great injustice and is deemed improper.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)--This petition seeks a direction against respondent No.1-Jamia Millia Islamia (in short, the University) to expedite the admission process of the petitioner and allow him to attend classes in the Department of Civil Engineering, Faculty of Engineering & Technology, Jamia Millia Islamia - respondent No. 1-University.

2. The case of the petitioner is that in June, 2022, he applied for admission in the Department of Civil Engineering, Faculty of Engineering & Technology in respondent No.1-University. On 07.08.2022, the result of the Joint Entrance Exam JEE (Main)-2022 was declared. His name finds place in the merit list. On 21.11.2022, the petitioner on the basis of his merit position reported to respondent No.1-University for the purpose of document verification and subsequently securing an admission. A pay slip was generated by respondent No. 1-University in favour of the petitioner to deposit the prescribed fees. The fee was to be deposited through the Indian Bank-JMI branch. On 21.11.2022 i.e., on the same date, by the time the petitioner reported to the JMI-Bank branch, the branch was already closed. Therefore, fees could not be deposited. The petitioner, thereafter, tried to deposit the fees through respondent No. 1-University's online fee portal, however, he could not successfully complete the transaction due to a technical error on the online portal of respondent No. 1-University.

3. On 22.11.2022, the petitioner again reached the bank to deposit the fees but was refused by the bank as the last date for fee deposition had already expired. On 22.11.2022, the petitioner made a representation to the Dean, Department of Civil Engineering, Faculty of Engineering and Technology, respondent No. 1-University stating his grievance. On 25.11.2023 also, he made a representation, however, on 26.12.2022, somehow the petitioner was able to make the payment of the requisite fees through the online link, which was provided to him. After depositing the fees on 27.12.2022, the petitioner visited respondent No. 1-University and brought on record the proof of payment of the fee.

4. Learned counsel appearing on behalf of the petitioner states that the last date for completing the formality i.e., verification of the document including the payment of the fee was 21.11.2022. According to him, the petitioner reported to respondent No. 1-University well before the expiry of time and already did the verification of the document. It is on account of the non-deposition of the fees on 21.11.2022 that too because the concerned branch was closed, the admission has been denied. He, however, states that on the next date also, when the petitioner approached the branch, the payment was not accepted. He explains that the name of the petitioner finds place in the merit position. The petitioner is not through the back door. He, on the basis of his merit position, is entitled to admission and on account of non-acceptance of the requisite fee by the concerned branch, the right to admission which was already accrued on the basis of the merit, should not be denied. According to him, such an approach is highly erroneous and the substantial right of the petitioner should not be curtailed on technical reason. He, therefore, states that the petitioner be granted admission and be allowed to complete the course.

5. Respondent No.1-University, has filed its reply and has stated that the petitioner had arrived a few minutes before the lapse of the time for reporting. The petitioner did carry out the verification of the document and did submit the affidavit in the second half of 21.11.2022. However, when the petitioner was issued a pay slip for the payment of the fee, he could not able to deposit the requisite fee amount.

6. It is the case of respondent No.1-University that since the petitioner did not deposit the fee as mandated, therefore, he missed the deadline for the payment of the fees. According to the University, wh