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2026 Supreme(Ker) 779

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J.
Malavika Suresh – Petitioner
Versus
Union Of India, Represented By The Secretary To Government Department Of Higher Education, Ministry Of Education New Delhi – Respondent
WP(C) NO. 11517 OF 2026
Decided On : 21-05-2026

Advocates Appeared:
For the Petitioner: Shri.Akshay Venu
For the Respondent: Shri.Nirmal.S, Shri.K.S.Prenjith Kumar, Sc, Shri.L.Ram Mohan, Sri.M.Aubrey Abraham Isaac, Smt. O.M.Shalina, Dsgi, Sri. Sreejith V.S. Sr.Gp

The court cannot compel examination authorities to accept applications or fees after the official deadline, as such intervention disrupts established selection processes and undermines the integrity of competitive examinations.

Headnote:The case involves a challenge regarding the non-payment of examination fees for a competitive entrance test. The petitioner contended that there was a failure in the online payment process for the entrance examination within the prescribed timeline, seeking directions for the authorities to accept the fee and permit participation in the exam despite the expiry of the deadline. The court held that the procedural failure rested with the candidate, noting that permitting such belated payments would open floodgates for similar demands. The central issue was whether a court can issue a mandate to accept an application fee after the final deadline for a competitive examination, particularly when the failure to complete the application process was due to the petitioner’s own lapse. Relying on settled principles regarding the strict adherence to timelines in academic selection processes, the court determined that the petitioner could not be enrolled for the rescheduled exam, as that window was exclusively for those who were already registered for the initial examination, rendering the relief sought infructuous. The writ petition is dismissed.

Table of Content
1. petitioner failed to pay exam fees within the mandatory deadline. (Para 1 , 2)
2. procedural lapses in registration cannot be waived to prevent administrative chaos. (Para 3 , 5)
3. failure to meet registration deadlines renders the requested judicial relief infructuous once the examination window passes. (Para 7 , 9)

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 2nd 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. A counter affidavit has been filed by the additional 5th 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 2nd respondent and thereafter, the petitioner never turned up before the 5th 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 5th 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 2nd respondent, Sri.Sreejith V.S, the learned Senior Government Pleader and Sri.L.Ram Mohan, the learned counsel for the 5th 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 2nd 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 expediti

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