CENTRAL BOARD OF SECONDARY EDUCATION Vs. ABISHEK SUDHAN

JUDGEMENT

(1.) These writ appeals are arising out of the order of the learned single Judge allowing the writ petitions filed by the respective petitioners/candidates seeking a direction to the Central Board of Secondary Education to receive the fee from the respective petitioners through alternate method to enable them to appear for the National Eligibility Entrance Test (hereinafter referred to as 'NEET Test'), scheduled to be held on 07.05.2017. The order of the learned single Judge is dated 20.04.2017. In and by the said order, the learned single Judge directed the Central Board of Secondary Education to indicate the mode in which the fee remittance may be made by the candidates and inform them individually specifying the last date for the remittance. The learned single Judge has also fixed the time limit for the said exercise on or before 28.04.2017.

(2.) The aggrieved candidates are aspiring for the MBBS course and they intended to appear for the NEET Test. The Central Board of Secondary Education has also specified the date for the said Test as 07.05.2017. The grievance of the candidates is that the issue was pending before the State Government, as the State Government was in talk with the concerned authorities regarding exclusion of NEET Test so far as the Tamil Nadu is concerned. Hence, it is stated that, the candidates were under the impression that the matter would be settled and they were waiting for the positive response form the Government. But to their shock and surprise, the attempt of the State Government proved futile and the Central Board of Secondary Education announced the NEET Test to be held on 7.5.2017 and the last date for submission of the applications was fixed at 01.03.2017.

(3.) While such being the position, it is the grievance of the candidates that as per the procedure for payment of fees, after submission of the application forms, One Time Password would be sent to the registered mobile number of the concerned candidate, from the bank, which is available only for a few minutes. The payment of fee should be either through online banking or through the credit card. As the candidates before this Court have not received the One Time Password on their registered mobile numbers on time, the window for payment was automatically closed. Since they were unable to make payment of fee, after submitting their applications in time, their applications were not considered for the Test. It is their grievance that no other alternative mode of payment was also prescribed by the authority concerned for payment of fee. At that juncture, the candidates approached the learned single Judge. The learned single Judge, after considering the submissions of both sides and also taking into consideration the counter affidavit filed by the Board and the decision of the Honourable Apex Court, in Writ Petition (Civil) No.99 of 2017, dated 31.2017, passed the following order: