P SWETHA REPRESENTED BY HER FATHER AND NATURAL GUARDIAN R PARANTHAMAN Vs. CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA

JUDGEMENT

(1.) This is yet another batch of cases arising out of the National Eligibility-cum-Entrance Test (NEET)-UG-2017. The petitioners' wards have given their XII Standard Board Examination under the Tamil Nadu State Board Scheme and have been aspiring for MBBS Course. As there was a confusion in the State about the Separate Entrance Test for Tamil Nadu, many of the students were awaiting the assent of the President for the Tamil Nadu Admission to Post Graduate Courses in Medicine and Dentistry Bill, 2017 with keeping their fingers crossed. As nothing was forthcoming and there was no specific announcement in that regard, the children of the petitioners had applied for the NEET Examination Online.

(2.) These aspirants are from different districts and many of them do not have Internet facility at home. The last date for submitting the application for NEET-UG-2017 was on 01.03.2017. The procedure for payment of fees is that after filling up the application form, an One Time Password will be sent to the Registered Mobile Number from the bank which is valid only for few minutes. After the receipt of the OTP, payment has to be remitted either through Online Banking or through credit card. As the petitioners did not receive the OTP on their registered Mobile Numbers within time, the window for payment was automatically closed. However, their application numbers were registered as Registration Nos.80989571, 80992158, 80967634, 80993860, 81096416, 81101348, 81054072, 80787000, 81158232, 80991234, 81086144 and 80238681 respectively. Therefore, it is evident that the applicants had submitted their Online application Form within time. But the payment of fees Online could not be made as instructed for the reason stated above. There is no instruction indicating any other provision in the Online Window for making the payment of fees for the application which has already been filled up and submitted. The several attempts made by these candidates were unsuccessful. It is also stated that the server developed error, due to which, the payment could not be completed.

(3.) On enquiry, it was found that there is only a provision for Online correction of the data entry in the application form, but, there is no provision for making payment after the deadline for the submission of the Application Form. It is also stated in the affidavit that when the candidates attempted to contact the officers of the respondent, they were informed that there is no provision for payment of fees, after the deadline, which expired on 01.03.2017. As the candidates have applied Online and their application forms have been registered, it is only the non-payment of fees, that is now disqualifying them from taking up the examination. It is stated that in many of the rural areas in Tamil Nadu, candidates either do not have a computer to access or they are not proficient in handling the same. They have to depend on the private net centres, where also, they have several problems due to connectivity, power supply etc. Therefore, these Writ Petitions came to be filed seeking a Mandamus to direct the respondent to receive the examination fees from the candidates who have already applied through Online, but, could not make the payment of fees through another alternate method.