The absence of timely fee reflection in an automated admission process does not warrant relief when the petitioner had further admission opportunities and delayed action.

JUDGMENT

Rekha Palli, J. (Oral)--The petitioner, who had appeared in the Joint Entrance Examination (Main), 2020 (`JEE') conducted by the respondents, has approached this Court seeking the following reliefs:

"a) Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction for quashing and setting aside the merit list of the spot counselling of the candidates in B. Tech. Mechanical Engineering with specialization in Auto Branch; and

b). Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction thereby directing the respondents to grant admission to the petitioner in B. Tech. Mechanical Engineering with specialization in Auto Branch for the academic commencing in the academic year 2020-2021 in accordance with law; and

c) Any other or further order, direction or reliefs as this Hon'ble Court may deem just fit and proper in the facts and circumstances of the present case may also be passed in favor of the Petitioner. "

2. Delhi Technological University (DTU), Indira Gandhi Delhi Technical University of Women (IGDTUW), Indraprastha Institute of Information Technology (IIITD), Delhi and Netaji Subhash University of Technology (NSUT) participated in the Joint Admissions Counselling (JAC) for admission to the undergraduate Engineering programmes offered by the respondent institutes, conducted online with the support of the National Informatics Centre (NIC). The admissions are done on the basis of rank of students in the Joint Entrance Examination (JEE) conducted by the National Testing Agency (NTA).

3. The petitioner, a young boy, appeared in the JEE (Main) in April, 2020 for admission to Bachelor of Mechanical Engineering. The petitioner obtained a rank of 36884 but was not able to secure admission in the initial rounds of counselling. Upon the schedule for the spot round admission process being announced for open counselling for the leftover seats for some of the courses, the petitioner, on 04.12.2020 deposited the online spot counselling fees of INR 10,000 at 6.58 pm from the petitioner's HDFC bank account, through the payment gateway of the respondents, vide UPI transaction No. 033918007807, which amount it is claimed was debited from the petitioner's bank account on 04.12.2020 itself.

4. However, since the payment of the spot counselling fee of INR 10,000 by the petitioner was not reflected in the respondents' bank account, before 11.59 pm on 04.12.2020, which was the cut-off for depositing the said fee to participate in the spot counselling round, the petitioner was not able to participate in the online spot round of counselling.

5. Immediately thereafter, the petitioner, through his father, sent emails on 04.12.2020 and 09.12.2020 to the respondents complaining about the petitioner's inability to access the online counselling portal of the respondents, but received no response.

6. It is in these circumstances, that the petitioner approached this Court by way of the present petition on 30.12.2020, which came to be listed before this Court for the first time on 05.01.2021. Upon notice being issued, a counter affidavit has been filed by the respondents, wherein it has been pointed that, since the entire process was online, the respondents cannot be faulted for the petitioner's inability to join in the Spot round counselling, as it is an admitted position that the amount was not credited in the respondents' bank account before the cut-off.

7. Learned counsel for the petitioner submits that, the petitioner was desirous of taking admission in B.Tech (Mechanical Engineering with specialisation in Auto), and a seat in the said course was available with the respondent no.1/Delhi Technologica