Interim orders cannot grant final relief in writ petitions without considering balance of convenience and public interest.

JUDGMENT :

Anil K. Narendran, J.

The 2^nd respondent in W.P.(C)No.11517 of 2026 has filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act , 1958, challenging the order dated 30.03.2026 of the learned Single Judge in that writ petition. The 1^st respondent herein-petitioner has filed that writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India , seeking a writ of mandamus commanding respondents 1 to 3 therein to accept her application and to permit her to appear in the National Eligibility cum Entrance Test (UG) 2026 [NEET(UG)-2026] conducted by the 2^nd respondent National Testing Agency (appellant herein) scheduled to be held on 03.05.2026, by extending the time for remittance of examination fee; a writ of mandamus commanding respondents 1 to 3 therein to allow the petitioner to remit the examination fee for NEET(UG)-2026, by reactivating the payment option in her case, in the portal of the National Testing Agency. The interim relief sought for in the writ petition is an order directing respondents 1 to 3 therein to accept the application of the petitioner to appear in NEET (UG)-2026 conducted by the 2^nd respondent National Testing Agency (appellant herein) scheduled to be held on 03.05.2026, by extending the time to accept the application fee from the petitioner, by reactivating the payment option in her case, in the portal of the National Testing Agency, pending disposal of the writ petition.

2. On 24.03.2026, when the writ petition came up for admission, the learned Single Judge directed the learned Standing Counsel for National Testing Agency to get instructions and file a statement.

3. Pursuant to the direction contained in the order dated 24.03.2026, a counter statement dated 30.03.2026 was filed on behalf of the 2ndrespondent National Testing Agency, opposing the reliefs sought for, producing therewith Annexures R2(a) to R2(j) documents. The said counter statement was presented on 30.03.2026.

4. By the impugned interim order dated 30.03.2026, the learned Single Judge directed the 2^nd respondent National Testing Agency (appellant herein) to accept fee from the petitioner for enrolling herself as a candidate for NEET(UG)-2026 examination, which is scheduled to be held on 03.05.2026. The 2^nd respondent was directed to open the portal, for the petitioner alone, on a day to be intimated to the petitioner, enabling her to remit the fee. Challenging the said interim order dated 30.03.2026 of the learned Single Judge, the appellant-2^nd respondent is before this Court in this writ appeal.

5. We heard arguments of the learned Standing Counsel for National Testing Agency, for the appellant-2^nd respondent, the learned counsel for the 1^st respondent-petitioner, the learned Central Government Counsel for the 2^nd respondent, the learned Standing Counsel for National Medical Commission for the 3^rd respondent and also the learned Senior Government Pleader for the 4^th respondent State.

6. During the course of arguments, the learned Standing Counsel for the appellant-2^nd respondent raised contentions with specific reference to the provisions contained in Annexure R2(a) prospectus for NEET(UG)-2026, with specific reference to the instructions contained therein under the heading - A. Important instructions and the procedure for online payment in appendix VII. The learned Standing Counsel has also relied on some of the orders/judgments produced along with the counter statement.

7. The learned counsel for the 1^st respondent-petitioner addressed arguments reiterating the contentions raised in the writ petition.

8. We do not propose to consider those rival con